Extract
Aslam Mohd. Merchant VS. Competent Authority & Ors.
The Judgement Information System REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 4270 OF 2008ARISING OUT OFSPECIAL LEAVE PETITION (CIVIL) NO. 17005 OF 2006K.D. SHARMA ... APPELLANTVERSUSSTEEL AUTHORITY OF INDIALTD. & ORS. ... RESPONDENTJ U D G M E N TC.K. THAKKER, J.1. Leave granted.2. The present appeal arises out of the judgment and order dated February 16, 2005 in Miscellaneous Case Nos. 9 and 10 of 2005 and Miscellaneous Case No. 57 of 2004 in Review Petition No. 4 of 2002 passed by the High Court of Orissa. 2 3. Shortly stated the facts of the case are that respondent No. 1, Steel Authority of India Ltd. (`SAIL' for short) issued tenders for raising, transporting and loading of iron ore lump and fines into railway wagons at Kalta Iron Mine. The tender was required to be submitted in two parts: (i) Techno-Commercial Parameters (Part-I) and (ii) Price Bid (Part-II). Price bid of the tender was to be opened only after opening of the Techno-Commercial Parameters and if the bidder was found qualified. In response to the first notice dated June 5, 2000, 19 tender papers were sold.The authorities, however, received response only from 10 persons. Techno-Commercial Parameters (Part-I) was opened and it was found that only one bidder, namely, M/s Ores India Pvt. Ltd. (respondent NO. 2 herein) was qualified. The process, therefore, had to be cancelled because for opening of Price Bid (Part-II), minimum three Techno-Commercially qualified offers ought to have been there as 3 per Clause 7.7 of Purchase/Contract Procedure, 2000. Re-tender was, therefore, issued on September 8, 2000, but it was also required to be cancelled owing to `no perceptible improvement' in the situation. The tender was floated for the third time, which was unsuccessful. The fourth notice inviting tenders was issued on January 22, 2001. It met with the same fate. Then fifth...
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