DEEPAK BUILDERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Manoj Tiwari, Senior Advocate assisted by Mr. Pulak Raj Mullick, learned counsel for the petitioner, Mr. Paresh Tripathi, Additional C.S.C. for the State of Utarakhand, Mr. Ravi Babulkar, learned counsel for respondent No. 4 and perused the record.

(2.) The petitioner before this Court is a construction company. By means of this writ petition the petitioner has challenged the contract awarded in favour of respondent No. 4 - M/s Zenders Engineers Ltd. by the State Government. The construction work of which has been awarded to respondent No. 4 for the construction of four-lane Flyover on NH-72 at ISBT junction in District Dehradun.

(3.) The Superintending Engineer, Dehradun had invited e-tenders on 12.04.2013 asking eligible bidders for the above construction work and submit the same through e-mail by 25.04.2013. It was a two bid system, meaning thereby that bidders first had to qualify the "technical bid" and after establishing their responsiveness on the technical aspect, such bidders who fulfilled the eligibility criteria were then eligible for the next round i.e. for the "financial bid" where the lowest bidder would get the contract.