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ITEM NO.11 Court 6 (Video Conferencing) SECTION XI

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 20557/2021

(Arising out of impugned final judgment and order dated 07-09-2021

in MB No. 19791/2021 passed by the High Court Of Judicature At

Allahabad, Lucknow Bench)

KIMBERLEY CLUB PVT. LTD.

Petitioner(s)

VERSUS

KRISHI UTPADAN MANDI PARISHAD & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.163672/2021-EXEMPTION FROM FILING

O.T. and IA No.163670/2021-EXEMPTION FROM FILING AFFIDAVIT )

Date : 17-12-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

HON'BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)

Mr. Dama Sheshadri Naidu,Adv.

Mr. Namit Saxena, AOR

Mr. Nirmit Shrivastava, Adv.

Mr. Panshul Chandra,Adv.

Mr. Awnish Maithani, Adv.

Ms. Shivali Chaudhary, Adv.

Mr. Ananvay Anandvardhan, Adv.

Mr. Sidharth Chapalgaonkar, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Applications for exemption from filing

official translation and affidavit are allowed.

Learned counsel for the petitioner contends

that the petitioner participated in the tender and

was the highest bidder. At no point of time it was

pointed out to the petitioner that there was any

deficiency in the bid. However, the petitioner has

Digitally signed by

Charanjeet kaur

Date: 2021.12.18

12:48:09 IST

Reason:

Signature Not Verified

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been excluded from the bid on the ground that he

had not submitted a “solvency certificate”. It is

the say of the learned counsel for the petitioner

that there was no mention of a solvency certificate

but what had to be submitted was a “Haisiyat Praman

Patra” and thus, the valuation certificate was

submitted as certified by a Chartered Accountant.

The judgment of the High Court is predicated on a

reasoning that what was required was a solvency

certificate which is issued by the office of the

District Magistrate.

Issue notice returnable in four weeks.

In case the successful tenderer has not

started the execution of the tender, no further

work be done in pursuance to the tender and in case

it has so started, it would be subject to the final

orders to be passed by this Court.

(ASHA SUNDRIYAL) (POONAM VAID)

ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)