Madhya Pradesh High Court
Ms. Baba Manipuri Construction Company ... vs The State Of Madhya Pradesh on 30 October, 2017
1 WP.16772.2017
M/s Baba Manipuri Construction Company through its
Proprietor Yogendra Singh Sikarwar Vs. State of M.P. and Ors
30.10.2017
Shri H.K. Shukla, learned counsel for the
petitioner.
Shri Harish Dixit, learned Government
Advocate, for respondents/State on advance copy.
The petitioner, by way of present petition, seeks following reliefs:
"1. That, the respondent may be directed to consider the petitioner tender for allotment of the construction of 57 Aanganwadi center in Gwalior in presence of the petitioner.
2. That, in case the tender of petitioner is found lowest in comparison of respondent no.4 in that situation the respondent further be directed to proceed further in awarding the said contract work in favour of the petitioner.
3. That, the cost of the litigation may also be awarded.
4. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."
When called upon to establish whether petitioner is eligible to participate in the bid and possesses the eligibility criteria laid down in "Clause 4 of Section 2- A. General - Instructions to Bidders (ITB)" Annexure P-2 (Page-16)" which provides:
"4. ELIGIBILITY FOR BIDDERS:
2 WP.16772.2017 M/s Baba Manipuri Construction Company through its Proprietor Yogendra Singh Sikarwar Vs. State of M.P. and Ors
(a) At the time of submission of the Bid the bidder should have valid registration with the Government of Madhya Pradesh, PWD in appropriate class.
However, such bidders who are not registered with the Government of Madhya Pradesh and are eligible for registration can also submit their bids after having applied for registration with appropriate authority.
(b) The bidder would be required to have valid registration at the time of signing of the Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result in forfeiture of the earnest money deposit."
learned counsel for the petitioner prays for withdrawal of the petition, for the reason that he has not disclosed these facts in the petition, with liberty to file a fresh petition with better particulars.
Prayer is allowed.
Petition stands dismissed as withdrawn with the said liberty.
(Sanjay Yadav) (S.K. Awasthi)
Judge Judge
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