SUBLIME WAREHOUSING PVT. LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing is conducted through Video Conferencing and all the learned Advocates agreed that the audio and visual quality is proper.

(2.) Heard Shri Dhatrak, learned counsel for the petitioner. By this petition, the petitioner has challenged some of the conditions of the tender notice dated 19.05.2021 on the ground that these conditions make a departure from the conditions prescribed in earlier G.R. dated 20.04.2017 and also on the ground that such modification of the conditions has been done in order to debar certain parties and favour some other group of contractors. The conditions to which an exception has been taken are those as contained in Clauses 5.1, 5.2, 5.3, 5.5, 5.6 and 5.9 of the Government Resolution dated 15.01.2021. On these grounds, the petitioner has sought quashing and setting aside of the tender process undertaken pursuant to E-tender notice dated 19.05.2021 issued by Secretary, Food, Civil Supplies and Consumer Protection Department, State of Maharashtra. The petitioner has also sought a further direction to the State to frame a fresh policy informed by the principle of reasonableness so that in future there would be a fair competition in the tender process.

(3.) The tender notice dated 19.05.2021 contains a Clause QC9 (page 102) which states that the bidder shall be bound by all the terms and conditions set out in the tender notice and the GR dated 15.01.2021.