2018 (2) TMI 2145

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....ough its Chief Officer issued e-Tender notice inviting proposals for the work of "Technical designing, coordination and construction for rehabilitation/sale/ commercial/amenities along with construction of habitable temporary transit camps and other various works in respect of redevelopment project". The bidders were to submit their bids in two stages i.e. technical and financial. They were required to comply with the experiences and other conditions mentioned in the Request for Qualification-cum-Request for Proposal (RFQ cum RFP) document. The last date for submission of on-line bid was fixed on 17th May, 2017 which was subsequently extended from time to time and lastly extended upto 1300 hours of 27th July, 2017. 3. According to the fi....

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....tioners as a "valid bid" with the assistance of the NIC and open the technical bid of the petitioners forthwith since we are conscious of the fact that the learned counsel for the MHADA had made a statement before us on 07.08.2017 that the technical evaluation of the bids is going on and in any case we do not intend to stall the project. If the petitioners bid satisfies the technical conditions, his financial bid can be considered along with the other three bidders who are already in the fray." 4. It is the aforesaid directions that have been assailed in this appeal by the Maharashtra Housing Development Authority. 5. We have heard Shri Dushyant A. Dave, learned Senior Counsel appearing for the appellant, Shri Neeraj Kishan Kaul, lear....

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....18 the NIC has also stated as under: "7. As far as NIC is concerned it cannot access the invalid bid documents since it has neither the keys nor the approved process to download the same pertaining to any packet/envelop/cover. Even though keys are available with Maharashtra Housing Development Authority (Petitioner), but even with that keys the bid documents cannot be retrieved at this time as the bid opening event has already been concluded. Thus bid documents cannot be retrieved under any circumstances from the e-Tendering system." 9. The above apart, in the counter affidavit filed by the NIC it has been stated that the bid uploaded by the first respondent was invalid as the representative(s) of the said respondent did not pre....