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1989 Supreme(MP) 199

D.M.DHARMADHIKARI, B.C.VARMA
MALCA CONSTRUCTIONS (INDIA) PVT. LTD. – Appellant
Versus
M. P. HOUSING BOARD BHOPAL – Respondent


Advocates Appeared:
KANAK TIVARI, M.V.TAMSKAR, P.V.PANDIT, RAVISH CHANDRA AGARWAL, V.K.TANKHA, VISHNU KOSTHA

B. C. VARMA, J.

( 1 ) THE petitioner, M/s. MALCA Construction Pvt. Ltd. is registered as Class A-IV contractor with the respondent no. 1, M. P. Housing Board. On 23-12-1988, the Housing Board issued notice inviting tenders for the construction of M. P. State Corporation's building on Jail Road, Bhopal. The value of the work was shown as 8. 55 crores and the earnest money required to be deposited was Rs. 4. 27,500 -. This was to accompany the tender in the shape of demand draft in a separate envelope. Time for completion of the work was as mentioned as 36 months, including rainy season. The tender documents could be made available on payment of Rs. 250/ -. Eight contractors, including the petitioner and respondents Nos. 3, 4 and 5, submitted their tenders. The petitioner's offer was of Rs. 8,37,88,767/-, that of respondent No. 3, Hindustan Steel Construction Works Ltd. (HSCL) was of Rs. 9,07,29,005/-, and that of respondent No. 4, V. K. Construction Ltd. , was of Rs. 8,52,29,210/ -. The tender of respondent No. 5 was still higher. On 16-2-1989 and 17-2-1989, a meeting of the tenderers was convened after the tenders were opened on 8-2-1989. This was for the purpose of fixing and noti








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