W.P.(C) 4101/2021 Page 1 of 9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on : 06^th July, 2021

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W.P.(C) 4101/2021, CM APPL. 12496/2021 & CM APPL. 19475-

19476/2021

MS MI2C SECURITY FACILITIES PVT LTD

..... Petitioner

versus

NORTH DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents

MEMO OF APPEARANCE

For the petitioner

Mr. Akshay Makhija, Senior Adv. with Mr. Rajesh Gogna, Adv.

For the respondents

Ms. Mini Pushkarna, Standing Counsel for North DMC with Ms. Namrata

Mukim, Standing Counsel for North DMC with Ms. Garima Jindal, Ms.

Latika Malhotra and Ms.Khushboo Nahar, Advs. for R-1/North DMC with

Mr. Ajay Kumar Nagpal, Project Manager, Civil.

Mr. Neeraj Yadav, Adv, for R-2

Mr. Rajan Bhatia, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

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VIPIN SANGHI, J (ORAL)

The petitioner has preferred the present writ petition aggrieved by the

decision taken by the respondent corporation holding the petitioner to be

Neutral Citation 2021:DHC:1983-DB

W.P.(C) 4101/2021 Page 2 of 9

technically disqualified in respect of the bid submitted by the petitioner for

providing security services in response to the tender floated by the

respondent corporation. The case of the petitioner is that the respondent

initially floated a tender bearing Tender ID No. D/PM(C)/CC/2020-

21/TC/03/1 for security of SPM Civic Centre, Minto Road, Delhi under two

bid systems on 27.07.2020. However, the said tender was postponed on

several occasions and the last communication whereby fresh schedule was

fixed stipulated the last date for submission of bids as 08.02.2021. The

petitioner submitted its bid, in response to the said tender, on 06.02.2021.

The petitioner, it appears was black listed by the DDA for a period of two

years from 10.02.2020. However, upon the petitioner making a

representation, the tenure of black listing was reduced up to 31.12.2020.

Thus, as on the date of submission of the petitioner’s bid on 06.02.2021, the

petitioner no longer had the stigma of black listing attached to it any further.

The Technical Evaluation Committee of the respondent corporation

considered the bid submitted by the petitioner and the other bidders in its

meeting held on 18.03.2021. So far as the petitioner is concerned the

petitioner was held to be technically disqualified on the ground “Member

blacklisting/debarred by DDA at the time of tendering.” Consequently, the

petitioner was communicated the disqualification in the tendering process on

22.03.2021. Petitioner was informed that its technical bid has not been

recommended for acceptance due to non qualification of the eligibility

criteria, based on the bid and subsequent clarification submitted by it.

Neutral Citation 2021:DHC:1983-DB

W.P.(C) 4101/2021 Page 3 of 9

The relevant terms and conditions contained in the tender document

may now be taken note of:

WHO CAN PARTICIPATE?

1....................

2..................

be given in the form of notarized affidavit.”

2. ELIGIBLE BIDDERS: -

2.1

…….

“2.6 The bidder should have not been blacklisted by the Departments

Declaration has to be given in the- form of notarized affidavit. (Valid

scanned copy certified by the Chartered Account has to be uploaded

for proof).”

Submission of tender : Two Bid System

9.1.1 ........

“9.1.12 Should have not been blacklisted by the Departments/Ministries of

the form of notarized affidavit.”

BID OPENING AND EVALUATION:-

10.2 Right to accept any Bid and to reject any or all Bids:-

“10.2.2 The office of Project Manager, Dr. SPM Civic Centre/North Delhi

Municipal Corporation, may terminat