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2004 Supreme(Online)(Chh) 11

CHATTISGARH HIGH COURT
Mr. Kishore Bhaduri, J, Dr. N.K. Shukla, ACJ
Mecgale Pneumatics v. Bhilai Electrical Supply Company Ltd. and Another


Advocates:
For the Appellants/Petitioners: Mr. Kishore Bhaduri
For the Respondents: Dr. N.K. Shukla

1. By this writ petition filed under Art.226/227 of the Constitution of India the petitioner, a registered Partnership Firm registered under the Indian Partnership Act under Registration No. NGP / 1441/90-91 and engaged in the work of manufacturing, supplying, marketing and distribution of materials for civil, mechanical and constructions, has challenged the decision and action of the respondents for inviting a tender for supply and installation of scraper conveyer and clinker venture for disposal of ash in the Thermal Power Plant through a Tender Document (Annexure P / 3).

2. The main challenge in this writ petition is Clause (B) of the Qualifying Requirements by which the respondents among others has fixed the eligibility criteria for a tenderer that "the bidder must have executed a single contract of value not less than Rs. 72.00 Lakhs for supply and installation of scroper conveyer of capacity not less than 4 ton per hour each and clinker grinder of capacity not less than 10 ton per hour each, for boiler having capacity 50 MW or more during last five years preceding the date of NIT (Notice Inviting Tender)". The contention of the petitioner / Firm is that this qualifying require

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