Judgment

G.P. Mathur, J.—This appeal, by special leave, has been preferred against the judgment and order dated 15.12.2004 of Delhi High Court, by which the writ petition filed by the first respondent, Metcalfe & Hodgkinson Pvt. Ltd. was allowed and the contract of work of profes­sional services given by second respondent, Container Corporation of India in favour of the appellant was quashed.

2. The second respondent, Container Corporation of India (for short ‘CONCOR’) floated a limited tender in December 2003 for hiring profes­sional services for survey of containers and cargo at Inland Container Depot (for short ‘ICD’), Tughlakabad, Delhi, for a period of 24 months. The contract was to be awarded through a two bid process. The first part was to consist of “Pre-Qualification Bid”, which was to be accompanied by various documents showing experience, constitution of the firm/company, turn over for past three years, a copy of the license to act as surveyor/loss assessor under the Insurance Act, 1938, be­sides other matters and earnest money in the form of bank draft/pay order. The second part was to consist of the “Financial Bid”. The technical bid was to be opened on 15.12.2003 and th