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2015 Supreme(P&H) 1794

S.J.VAZIFDAR, TEJINDER SINGH DHINDSA
R. S. Labour & Transport Contractor – Appellant
Versus
Food Corporation of India – Respondent


Advocates Appeared:
For the Petitioner: Robin Dutt.
For the Respondents: Rajinder Goyal, J.S. Puri, Sumit Jain.

JUDGMENT :

Tejinder Singh Dhindsa, J.

Petitioner-firm has challenged the decision of the respondent-Food Corporation of India, whereby it has been disqualified in respect of the tender in question, forfeiture of earnest money has been directed and the firm has been debarred from participating in any future tenders of the Corporation for a period of 5 years.

2. Brief facts are that an e-tender notice was published on 13.10.2014 inviting online tenders under the Two Bid System for appointment of Handling & Transport Contractor and Road Transport Contractor for movement of food grains and allied materials for a period of 2 years. The last date for online tender submission was stipulated as 3.11.2014 by 9 A.M and the technical bids were to be opened on the same date at 10 A.M. Condition No.4 laying down the disqualification conditions and Condition No.6 regulating earnest money as per Model Tender Form would be relevant to the issue at hand and are reproduced hereunder:-

"4. Disqualification Conditions.

(I) Tenderers who have been blacklisted or otherwise debarred by FCI or any department of Central or State Government or any other Public Sector Undertaking will be ineligible during the per


























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