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2017 Supreme(UK) 406

K.M.JOSEPH, ALOK SINGH
Shree Balaji Herbo Labs – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Appellant : Mr. S.K. Mandal
For the Respondent: Mr. Pradeep Joshi, Mr. Paresh Tripathi, Mr. Yogesh Pacholia

JUDGMENT :

K.M. Joseph, J.

Appellant is the writ petitioner. Pursuant to an advertisement dated 04.08.2017 issued by the second respondent/Board to settle the right to carry out fishing, the appellant/writ petitioner also made its bid. The advertisement actually contemplated a two stage bid process, namely, the technical bid followed by the financial bid. Only those, who were found to be declared qualified in the technical bid, could have their financial bid opened. The appellant’s/writ petitioner’s technical bid did not pass muster. This was for the reason that he did not produce the security, in respect of the earnest money, in the form of a Bank draft from a nationalized bank as contained in Clause 5 of the advertisement. The said clause reads as follows:

“5. For participating in tender process for the contract of fishing in the Dhaura Reservior, every bidder shall have to annex along with the tender form the advance amount of Rs. 2.349 Lakh (Rs. Two Lakh Thirty Four Thousand and Nine Hundred only) in the form of a bank draft issued by any nationalized Bank. Draft shall be issued in favour of Secretary, Uttarakhand Rajya Matsya Palak Vikas Abhikaran, Dehradun.”

2. The appellant/writ































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