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Tender for Hospital in Naxal Area: Contractor’s plea against disqualification fails

December 26,2018:

Justice Ravi Deshpande and Justice Vinay Joshi, at Nagpur Bench of Bombay High Court, has rejected the Writ petition filed by M/s Bommawar against not opening of his technical bid by the State PWD, which had floated tender  worth Rs 96 lakhs for the work relating to redeveloping urban and rural hospital at Gadchiroli on behalf of the National Health Mission, on the ground that the petitioner was not eligible for being awarded tender as he has not supplied correct and certified complete documents as stipulated in clause 1.4.19 ( b) and (c) of the tender document.

Hospitals
Hospitals
Petitioner’s counsel F.T.Mirza pointed out to the Court that though the petitioner has submitted the certificates of July 10, 2018, those were not considered by the respondent-authority before declaring him not eligible to participate in the tender process.
Responding to this contention advanced on behalf of the petitioner, the Court has quoted from the detailed submissions by the authority that those certificates were considered, but as to whether the said consideration was proper, legal and valid or not, that cannot be gone into by the Court, as it is not sitting in appeal over that. Taking this view, the Court has dismissed the petition.
At this stage, the petitioner’s  Counsel prayed for continuing the interim relief for two weeks more. The Court rejected the prayer on the ground that there is no prima facie case for granting this direction. AGP Amit Madiwale (State), Advocates P.R.Agrawal (National Health Mission) and Mohit Khajanchi (successful bidder, Saburi Construction, Gondia) represented the other respondents.
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