LALIT KUMAR KOTHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition has been filed in relation to a rejection of a technical bid submitted by the respondent no. 3 which is a Joint Venture (JV) of the petitioner no. 1 and the respondent no. 4. The technical bid of the respondent no. 3 JV was rejected by the respondent nos. 1 and 2 by a mail dtd. 8/2/2023 alleging that the respondent no. 3 did not fulfill the minimum eligibility criteria. The tender in question was floated by the respondent no. 1 for Survey, Design, Supply etc. of Automatic Signalling in Khana-Andal Sec. and other Sec. of Asansol Division of Eastern Railway. The petitioners were granted interim protection by an order dtd. 21/3/2023. The order was passed on the conduct of the respondents at the material point of time and not on a consideration of the merits of the case.

(2.) The added respondent no. 5/MRT Signals Limited, which was the successful tenderer, filed an application seeking vacating of the interim order dtd. 21/3/2023. The writ petition as well as the application are being disposed of by this judgment.

(3.) The contentions of the parties are stated in brief.