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2024 Supreme(MP) 198

RAVI MALIMATH, VISHAL MISHRA
Vikas Road Carriers, A Partnership Firm – Appellant
Versus
Central Warehousing Corporation – Respondent


Advocates:
Naman Nagrath with Rahul Diwakar for petitioners;
Amit Singh for respondent No. 1; Amit Dave for respondent No. 2.

ORDER

Mishra, J-- 1. This petition has been filed by the petitioner assailing the arbitrary action on the part of the respondent No.1 whereby the tender/bid of the petitioner has been cancelled for the reason which is not attributed to the tender documents.

2. It is the case of the petitioner that the petitioner is a partnership concern registered under the provisions of the Partnership Act. The respondent No.1 has floated tender for appointment of service provider for handling of Cement, Food grains and allied products i.e. Salt, Fertilizer and other commodities etc. of various depositors/udders at its Railside Warehouse Complex (RWC) Nishatpura Bhopal. The entire bid process was to be held on the respondent No.2 i.e GeM portal i.e. “Government e Marketplace” portal and the tender document was to be purchased from the said portal and other documents were to be uploaded on the said portal only. Clause 13 of the tender document provides that GeM portal is used only as a platform for procurement/tendering for appointment of service provider for Handling Rail/Road Borne Cargo at Rail side warehouse complex. All the terms and conditions contained in this NIT shall be applicable in whole

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