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2021 Supreme(MP) 843

MOHAMMAD RAFIQ, B. K. SHRIVASTAVA
SHRISHTI INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Prashant Singh, Sanket Anand
For Respondent: Pushpendra Yadav, Purushaindra Kaurav, S. S. Sharma

ORAL JUDGMENT MOHAMMAD RAFIQ, C. J. : – This writ petition has been directed against the order Annexure-P/1 dated 7-6-2021 by which the bid of the petitioner submitted in response to notice inviting tender floated by the respondent-M. P. Urban Development Company Ltd. dated 25-2-2021, being technically non-responsive, has been rejected.

2. Mr. Prashant Singh, learned Senior Counsel submitted that the respondents in their tender document enclosed with the NIT Annexure-C laid down the pre-qualification criteria, which insofar as relevant for the present matter, provided that the bidder should have “experience of having sufficiently executed, completed and commissioned” “one similar work of aggregate cost not less than the amount equal to 50% of the probable amount of during the last 5 financial years.” It is contended that the petitioner submitted the experience certificate duly signed by the Project Director, Ganga Pollution Control Unit, U. P. Jal Nigam Kanpur, which clearly stated that the petitioner has completed and commissioned, to the extent of value of Rs. 328.6 crores, t

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