PHILIPS ELECTRONICS INDIA LTD. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to set aside the decision of respondent nos.2 and 3 accepting the technical bid of respondent no.4 and an order restraining them from awarding the contract and/or implementing the contract in furtherance of the e-tender. The petitioner has also sought a writ of mandamus directing respondent nos.2 and 3 to award the contract under the tender in its favour.

(2.) The respondent no.2 floated a tender for the procurement of MRI Machines 3-TESLA . The two bid system was followed. The first being a technical bid and the second being a commercial bid.

(3.) The technical specifications are set out in Annexure IX. Clause 9 of Annexure IX in so far as it is relevant reads is as under:-