BHARTIA INFRA PROJECT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.S. Paonam, learned senior counsel assisted by Mr. Yumnan Sushruta, learned counsel appearing for the petitioners; Mr. S. Vijayanand Sharma, learned senior panel counsel appearing for the respondents No. 1 and Mr. M. Devananda, learned Addl. AG assisted by Ms. Naorem Jyot-sana, learned counsel appearing for the respondents No. 2 and 3. None appeared for the respondent No. 4, despite service of notice.

(2.) There is no dispute with regard to the facts of the present two writ petitions. The Project Director-cum-Chief Engineer, EAP, PWD, Manipur, respondent No. 3 herein, issued a Notice Inviting Tender (NIT) dtd. 15/3/2024 inviting e-tender bids from interested and eligible tenderers in connection with the following contract works:-

(3.) The tender document consist of three parts. Part 1 relates to tendering procedure consisting of six Ss. , i.e., Sec. I to VI, Part 2 relates to works' requirements consisting of one Sec. , i.e., Sec. VII and Part 3 relates to conditions of contract and contract forms consisting of three Sec. , i.e., Ss. VIII to X. S. I relates to instructions to tenderers and under Clause 11 of Sec. I, it is, inter alia, provided as under:-