2014 (8) TMI 514

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....e respondents have invited tenders for leasing either shop No. 1 and shop No. 4 or shops No. 1 and 4 jointly. The bids were to be submitted on or before November 4, 2011. One of the condition in the tender notice was that tenderer should be income-tax assessee and service tax payee and such tenderer has to furnish proof of the same. The petitioners submitted their bids in pursuance of the advertisement dated October 15, 2011. 2. On November 17, 2011 a communication was addressed by respondents to the petitioners asking them to submit copy of the service tax number as well as affidavit regarding non-black listing/non-prosecution of firm. The petitioners represented that service tax is applicable on health services provided by any hospital....

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....hat this is of minor deviation and to have healthy competition, an undertaking has been given by the tenderers that in case of successful bidders, they will obtain the service tax number. In such situation, two issues are highlighted, i.e., (a) Those who had obtained the service tax number on the closer of the tender, can go to court against GMCH if GMCH selects the higher bidder among the tenderers who has mere given an undertaking. (b) It is also possible that a person who has not competed in the tender can also say that if the undertaking is acceptable in the absence of service tax number, he/she can also have participated. In the light of the observations made by the account functionaries that being a minor deviation, because of t....

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.... 1 and 4 have been invited 4 to 5 times but due to some technical or the other issue, the tender process is not being finalised. The non-finalisation of the tender process pertaining to the lease of chemist shops in the premises of the medical college and hospital, is causing great hardship to the patients and their attendants. Such necessary public service cannot brook any further delay. 8. Mr. Arun Bansal, learned counsel appearing on behalf of one of the participant M/s. Goel Medicos, has vehemently argued that as per the financial bids opened, M/s. Goel Medicos is the highest bidder for shop No. 4 and if the financial bids of the petitioners are also ordered to be opened it will seriously affect the rights of the said tenderer. There....