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2023 Supreme(UK) 242

VIPIN SANGHI, RAKESH THAPLIYAL
Omega Elevators – Appellant
Versus
Indian Institute of Technology, Roorkee – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Bhargav Hasurkar, Akshay Pradhan.
For the Respondent: Vipul Sharma.

JUDGMENT :

VIPIN SANGHI, J.

1. We have heard learned counsels and proceed to dispose of this writ petition.

2. The petitioner has preferred the present writ petition to assail the technical bid evaluation dated 19.01.2023, whereby the technical bid of the petitioner has been rejected by the respondent in relation to its tender initiated for replacement of old lifts at Hill View Apartment & Radha Krishna Bhawan and installation of new lift at Rajendra Bhawan Mess with CAMC at IIT Roorkee. The petitioner also seeks a direction to restrain the respondent from awarding the contract to a third party.

3. The case of the petitioner is that the petitioner is a well-established manufacturer and supplier of lifts. The respondent-IIT Roorkee invited the aforesaid tender for lifts. While doing so, the respondent stipulated the specific brands/makes of lifts which were accepted under the tender. The list of approved makes in relation to the lift was ‘OTIS/KONE/ Mitsubishi/Schindler/ECE’. The list of approved makes also contained a note which states that ‘items whose make are not mentioned in the approved make list will be as per direction of EIC (Engineer In-charge)’.

4. The case of the petitioner i

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