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1 - 6 of 6 (0.17 seconds)Mahadev Mohandas Rajani vs Jeram Mohandas Rajani, Since Decd. ... on 19 April, 2018
08. The respondents further submit that the petitioner, in
connection with the experience certificates, had produced as many as
six certificates from the Executive Engineer, PMGSY, Doda,
Executive Engineer, PW(R&B), Division of GurdanBala, Rajouri,
6 WP(C) No.1196/2021
Executive Engineer, PW(R&B), Division Kishtwar, Executive
Engineer, PW(R&B), Division Mendhar, Executive Engineer,
PMGSY, Doda and Executive Engineer, PW(R&B), Division
Kishtwar, referred in the letters from RO Jammu in Para „O‟ of the
objections, that are; (i) NHAI/RO-JAMMU/2010/11012/NS-33/332 (ii)
NHAI/RO-JAMMU/2010/11012/NS-33/333 (iii) NHAI/RO-
JAMMU/2010/11012/NS-33/334 (iv) NHAI/RO-JAMMU/2010/11012/NS-
33/335 (v) NHAI/RO-JAMMU/2010/11012/NS-33/336 (vi) NHAI/RO-
JAMMU/2010/11012/NS-33/337. In response to the above letters,
confirmation from the Executive Engineer, PW(R&B) Kishtwar and
Executive Engineer, PMGSY, Doda about the correctness of the
experience certificates were received through speed post, however, no
response was received from Executive Engineer, PW(R&B)
GurdanBala and Mendhar within the stipulated period. Since the
confirmation, received from two Executive Engineers was enough for
satisfaction of the correctness of experience as the T.E.C had relied
upon the certificates. After receipt of the order passed in WP(C) No.
2266/2018 from the Hon‟ble High Court of Delhi, the respondents
directed the petitioner to submit his comments/confirmation regarding
genuineness of the said documents within a week‟s time. The
petitioner in compliance to this said order submitted his reply and,
accordingly, a speaking order in terms of the order of Hon‟ble High
Court at Delhi was passed on 21.05.2018. Mohandas V. Rajani stated
that they were satisfied with the position brought out in the speaking
order and, therefore, their complaint vide letter dated 25.02.2018
regarding Technical Evaluation might be treated as closed.
M/S Patel Enginnering Ltd vs Union Of India & Anr on 11 May, 2012
In „M/s Patel Engineering Ltd. V. Union of India and
another‟, (2012) 11 SCC 257, it was held that the express condition
in tender document for blacklisting a tenderer/contractor for some
action or inaction on its part is not necessary since power not to enter
into contract with a particular person is inherent in every person
legally capable of entering into contracts. It further held failure to
mention blacklisting to be one of the probable actions that could be
taken against the delinquent bidder does not, by itself, disable the
respondent from blacklisting a delinquent bidder, if it is otherwise
justified.
The National Highways Act, 1956
The Prevention of Corruption Act, 1988
M/S.Kulja Industries Limited vs Chief General Manager on 13 March, 2019
15. The issue regarding power to blacklist the contractor for
execution of contract was considered by Hon‟ble Apex Court in „M/s
Kulja Industries Ltd. V. Chief General Manager and others‟,
(2014) 14 SCC 731:
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