CAV JUDGMENT

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

[1] In these two writ petitions, the award of tender for designing and construction of Sewage Treatment Plant of 11.00 and 3.00 MLD, and also the designing and construction of various pumping stations along with allied works, awarded in favor of SNL & Company, is under challenge by two rival bidders whose bid has been rejected. The estimated contract value of this tender is about Rs.122.97 crores.

[2] Special Civil Application No.5436 of 2026 is filed by M/s R & B Infra Projects Limited (hereinafter referred to as “the R & B”), who are aggrieved by the rejection of their tender on the ground that the Memorandum of Understanding (MoU) that they had entered into with the owner of an asphalt plant was on a stamp paper of Rs.100/-, whereas the requirement of the tender was that it ought to have been on an MoU of Rs.300/-.

[3] After the bid was rejected on the aforementioned ground, a subsequent order has been passed by the Municipal Corporation to the effect that R & B had suppressed material facts in relation to its litigation history, despite a specific clause in the tender requiring that all litigations in the past fiv