VIJAY CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard, by consent, learned counsel for the parties.

(2.) The challenge raised in this Writ Petition is to the Technical Summary Report dtd. 30/5/2023, as a result of which Technical Bids of the 5th and 6th respondents have been held to be qualified, enabling them to participate in the Financial Bids. By amending Writ Petition, the challenge is also raised to the Work Order dtd. 14/8/2023 issued by the 2nd respondent in favour of the 5th respondent.

(3.) The Nagpur Metropolitan Region Development Authority-NMRDA, the 2nd respondent, issued a Tender Notice for the construction and upgradation of the Radiotherapy Department of the Government Medical College and Hospital, Nagpur. In response to the said Tender Notice, five bids were received by the Tendering Authority. As per the Tender Summary Report, the Technical Bids were updated on 30/5/2023 at 02:43 pm. The Technical Bid of one bidder came to be rejected while the Technical Bids of the petitioner along with the 5th to 7th respondents came to be admitted so as to enable them to participate in the Financial Bids. The Financial Bids were opened at 02:45 pm on 30/5/2023 itself. On the same day, the petitioner made a complaint to the Metropolitan Commissioner-NMRDA, stating therein that in accordance with Clause 23.9 of the Tender Notice, it was necessary to grant time of two working days after the result of the Technical Bids was made public to enable the bidders to submit a complaint, if warranted. According to the petitioner, Clause 23.9 was not complied with and the Financial Bids were opened on the same day. NMRDA thereafter, on due evaluation of the Financial Bids, proceeded to accept the Financial Bid of the 5th respondent and on 14/8/2023, a Work Order was issued to it. Being aggrieved by the aforesaid, this Writ Petition has been filed.