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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MR. UJJAL BHUYAN, J
INDIA MEDTRONIC PVT. LTD. – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of financial bid rejection. (Para 2 , 3 , 5 , 6 , 21) |
| 2. arguments regarding rejection of bidder's qualification. (Para 20 , 23 , 24) |
| 3. analysis of market standing conditions. (Para 30 , 32 , 33 , 34 , 41) |
| 4. eligibility and amalgamation concept in tender context. (Para 35 , 39 , 40) |
| 5. writ petition dismissed; interim orders vacated. (Para 45 , 46) |
ORDER
Date : 29-10-2018
Heard Mr Suhail Dutt, learned Senior Counsel, assisted by Mr Abhijit Singh, Mr Vikram Rajkhowa, Mr Kushagra Sah, Mr N N B Choudhury and Mr S S Borthakur, learned counsel for the petitioner. Also heard Mr D Saikia, learned Senior Additional Advocate General, Assam, assisted by Mr B Gogoi, learned Standing Counsel, Health Department for respondent Nos. 1 and 2; and Mr M K Choudhury, learned Senior Counsel, assisted by Mr M Sharma, learned counsel for respondent No. 3.
2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks the following reliefs:-
(i) setting aside and quashing the impugned order dated 14.03.2018, passed by respondent No. 2 whereby the respondent No. 2 declared that petitioner failed to qualify in the Financial Bid evaluation a
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