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Hindustan Door Oliver Ltd. vs Vadodara Municipal Corporation And ... on 20 June, 1998 cites

Degremont India Limited vs Municipal Corporation, Surat And Ors. on 23 January, 1996

11. On the other hand, Mr. P. G. Desai, learned counsel for respondent No. 1-Corporation and Mr. M. N. Shelat with Mr. Adesara for respondent No. 2-Company submitted that in view of the decisions of the Apex Court in the case of Tata Cellular v. Union of India (AIR 1996 SC 11), Sterling Computers v. M/s. M. & N. Publications Ltd. (AIR 1996 SC 51), and the decision of this Court in the case of Degremont India Ltd. v. Municipal Corporation, Surat ((1996) 2 GLR 23), this Court would not act as an appellate authority and that limited scope is merely to see whether the decision making process is fair or not. It is submitted that once the petitioner missed the bus by not quoting additional discount if both the contracts were awarded to the petitioner, it is not open to the petitioner to make any grievance against such additional discount already offered by respondent No. 2-Company being taken into account by the Standing Committee. It is submitted by the learned counsel for the respondents that once the Corporation found both the petitioner and respondent No. 2 to be competent from the technical point of view, the Corporation considered the price factor and found that the price bids offered by respondents No. 2 were the lowest in view of the additional discount if both the contracts were to be awarded to respondent No. 2 and that such practice of giving additional discount if both the contracts are awarded to that particular party is very well-known and that such additional discount cannot be said to be a conditional offer as held by this Court in the order dated 30-12-1993 in Special Civil Application No. 10614 of 1993 which order was confirmed by order dated 7-3-1994 in Letters Patent Appeal No. 85 of 1994.
Gujarat High Court Cites 12 - Cited by 1 - Full Document
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