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12. We have heard Mr. Shyam Diwan, learned senior counsel for the appellant, Mr. K.V. Vishwanathan, learned senior counsel for respondent No.3 and Mr. Parijat Sinha, learned counsel for respondent No.1. The submissions on the two aspects advanced by learned counsel for the parties and our findings are recorded hereinafter. Blacklisting:

13. Mr. Shyam Diwan, learned senior counsel for the appellant contends that the impugned order misreads the blacklisting clause 20. The submission was that undoubtedly, the appellant could not have been categorised as a party who has been banned/blacklisted/put on holiday list. This is also in the context of the fact that such blacklisting has severe consequences and the clause itself provided that non-submission of declaration in the prescribed format would make the bid non- responsive and the offer would be rejected. In terms of clause 20(ii), the written declaration had to be given as on the due date of the tender. The format in which this declaration was to be given was specified and was not left to the own words of the bidder. The format extracted aforesaid clearly stated that such declaration was required to be furnished only if the bidder had “been banned or black listed or delisted or holiday listed.” That position was not prevalent on the date of submission of the bid, on 19.12.2017 as by that date only a show cause notice had been issued, on 5.12.2017. The order of blacklisting was passed on 22.2.2018, after the date of acceptance of the tender and placement of the purchase order on the appellant, on 21.2.2018.