NILKAMAL LTD Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) By this Petition which is filed under Article 226 of the Constitution of India, the Petitioners are seeking appropriate writ, order or direction, directing Respondent No.1 Municipal Corporation of Greater Mumbai to disqualify the tenders submitted by Respondent Nos. 5 to 8 inter alia on the ground that they are in breach of the mandatory terms and conditions of the Tender Document and, secondly, for setting aside the decision taken by Respondent Nos. 1 to 4 in approving the tenders submitted by Respondent Nos. 5 to 8 in the meeting held on 12/09/2007 and 05/10/2007. The Petitioners are also seeking further directions that Respondent No.1 be directed to take action against Respondent Nos. 5 to 8 and to award contract to Petitioner No.1.

(2.) Brief facts in a nutshell are as under:

(3.) In August, 2007 Respondent No.1 Municipal Corporation for Greater Mumbai (hereinafter referred to for the sake of brevity as "MCGM") had floated tenders for supply of close HDPE refuse bins of the capacity of 120 Ltrs., 240 Ltrs., and 360 Ltrs. for a period of one year vide Tender Document No.Dy.CH.ENG.(SWM)ProjectT25.