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ABHINAND KUMAR SHAVILI
Avexa – Railone JV, Banjara Hills, Hyderabad – Appellant
Versus
Union of India, rep. by its Principal Secretary, Ministry of Railways, New Delhi – Respondent
ORDER :
This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in disqualifying the bid placed by the petitioner in Tender No.52-CAO-C-SC-2020 as illegal and arbitrary and violative of Indian Railway Standard SGeneral Conditions of Contract (IRSGCC) July 2020 and consequently set aside the disqualification of the petitioner.
2. Heard Sri Kailash Nath P.S.S., learned counsel for the petitioner and Sri C.V.Rajeeva Reddy, learned Standing Counsel for the respondents.
3. It has been contended by the petitioner that it is a Joint Venture (JV) between M/s.Railone Projects Pvt. Ltd and M/s. Avexa Corporation Pvt. Ltd., and both the companies have entered into a Memorandum Of Understanding (MOU) on 25-07-2020 to apply jointly in pursuance to the tender notification issued by the respondents. Both the companies are in the construction of projects and the respondents have issued a tender notification on 01-07-2020 for the proposed Third Line between Balharshah – Kazipet Station in Secunderabad Division for the proposed construction of RUR box (cast in situ). The last date for submission of filled in tenders was 28-07-2020. The petitioner participated in p
The rejection of the tender form of the petitioner on the ground that it is not submitted by the authorized person is a curable defect and if only amended clause 17.4 is made applicable, the said def....
The court affirmed that technical disqualification in public tendering must not be hyper-technical if it does not affect the bidder's capacity to perform, emphasizing the importance of fair competiti....
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
The rejection of a bid in a Tender process must be based on valid and reasonable grounds, and should not overlook the principles of transparency and fairness. The interpretation of Tender clauses sho....
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Joint Venture Agreements must establish joint and several liabilities; non-compliance results in bid rejection.
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