MISHRA INFRA PROJECTS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Pursuant to a Detailed Tender Call Notice (DTCN) made and published on 10/4/2025 for construction of a work relating to "Improvement such as Widening and Strengthening of Bhojpur-Jamankira road from 0/000 km to 13/695 km in the district of Sambalpur under the State Plan", the petitioner offered his bid - online and furnished the bank guarantee for Earnest Money Deposit (EMD).

(2.) The authority opened the bid at the technical stage and found that the petitioner has not complied with the terms and conditions of the said DTCN, hence, such bid was rejected. The reason assigned can be reasonably discern from the communication made to the petitioner that an exemption was sought for in depositing the EMD through Swift Transaction (ST) or directly into the bank account of the authority and such EMD was furnished through bank guarantee which is not strictly in the terms and conditions embodied in the said DTCN.

(3.) The petitioner has challenged the said decision rendering it disqualified on the premise that Clause 34