CRRC CORPORATION LIMITEDFORMERLY KNOWN AS CSR CORPORATION LIMITED Vs. METRO-LINK EXPRESS FOR GANDHINAGAR AND AHMEDABAD (MEGA) COMPANY LIMITED

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner-M/s. CRRC Corporation Limited has prayed for appropriate writ, order or direction, quashing and setting aside the impugned communication dated 5th July 2017 [Annexure "G" to the petition] by which the IFcQR bid of the petitioner is found to be substantially non-responsive to the requirements of eligibility criteria prescribed in the requirements in the Bidding document and consequently, the petitioner is informed that its bid offer cannot be processed further for opening of the technical bid in terms of BDS/ITB Clause 27.9 of the bid document. It is further prayed to hold that the petitioner-Company is substantially responsive to Clause 2.3 of Section III of the IFcQR of the Tender MEGA/RS/1 dated 15th January 2016 for Design, Manufacture, Supply, Installation, Testing, Commissioning of 96 numbers of standard Gauge Cars and Training of Personnel.

(2.) The facts leading to the present Special Civil Application in nutshell are as under :-

(3.) Shri Mihir Thakore, learned Senior Advocate has appeared with Shri NP Singh, learned advocate appearing on behalf of the petitioner. Shri Kamal B Trivedi, learned Senior Advocate has appeared with Ms. Sangeeta Vishin, learned advocate appearing on behalf of the respondent no. 1-MEGA Company Limited.