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TMI Blog2018 (4) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... No.38 specifically provides that the tenderer shall quote inclusive of all taxes including GST - Admittedly the quote by the Petitioner inclusive of GST was higher than the quote of the fifth Respondent. There is no challenge in the Petition to clause 2 of the tender notice. Going by the clause 2, the case of the Petitioner that he is the lowest bidder cannot be accepted. Petition dismissed - decided against petitioner. - WRIT PETITION (L) NO. 773 OF 2018 - - - Dated:- 14-3-2018 - A.S.OKA RIYAZ I. CHAGLA, JJ. Mr. A.G. Damle Sr. Counsel a/w Mr Omkar V. Warange for the Petitioner. Mr. N.V. Walawalkar, Sr. Counsel a/w Ms. Vandana Mahadik Ms K.H.Mastakar for the Respondent/BMC. Mr. M.M. Vashi, Sr. Counsel a/w Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all taxes was ₹ 59,68,33,299/- and the total of the rates quoted by the fifth respondent for both the parts was ₹ 58,18,69,632/-. 5. The main contention in this Petition is that on the last date for submitting the bids, the rate of GST was 18 %, and therefore, the Petitioner offered his bid by taking into consideration the rate of GST as 18 %. The fifth respondent submitted his bid by taking into consideration the rate of GST at 12 %. That is how the total amount quoted by the said Respondent is on the lower side. 6. The contention of the Petitioner is that by taking GST 18 %, if the bid amounts are calculated, the Petitioner will be L-1. It is contended that, even if the GST is taken at 12 % in case of both the bids, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Petitioner has signed the said corrigendum. He submitted that the Municipal Corporation has strictly gone by the amounts quoted by the Petitioner itself. 9. Learned senior counsel for fifth Respondent submitted that, by no stretch of imagination, the Petitioner can be L-1. Learned senior counsel for the Petitioner submits that though the memorandum of Petition shows that the Petition was kept ready in February 2018, it is in fact a typing mistake and no significance can be attached to the same. 10. We have considered the submissions. It will be necessary to make a reference to the averments made in the Petition and in particular paragraph 10. From the documents tendered across the bar, it appears that general condition No.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r an obligation to determine the lowest bidder only in the manner provided in the tender notice and not in any other manner. Modified condition No.38 specifically provides that the tenderer shall quote inclusive of all taxes including GST. Admittedly the quote by the Petitioner inclusive of GST was higher than the quote of the fifth Respondent. 13. If the submissions made across the bar by the Petitioner are accepted, this Court will have to apply criteria for selecting the lowest bidder which is different from the criteria provided in the tender document/notice. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India is concerned with the issue whether the lowest bidder is decided in accordance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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