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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 ..... 7, for construction of exhibits for Tiger and other animals as well as for Bird Aviary-2 in V.J.B. Udyan- Zoo Byculla (E Ward). The Petitioner as well as fifth and sixth respondents are the bidders. Clause 2 of the Special Note forming part of E-tender notice reads thus:- "2) The work will be carried out through one Agency only for both the parts of work (PART "A" and PART "B" as stated above) and the L1 i.e. Lowest Bidder will be decided on combine lowest cost considering the quotes of both part i.e. "PART A + PART B". (Undertaking supplied) 3. We must also note here one more tender condition, namely, condition No.38 of general conditions of contract was modified by corrigendum dated 14th August, 2017. The modified condition specifically ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. He has relied upon the fact that the consultant appointed by the Municipal Corporation in the meeting held on 18th October, 2017 claimed that the rate of GST was 18 %. He submitted that now a stand is taken by the Municipal Corporation that the GST rate was of 12 %. He submitted that if the amount quoted by the Petitioner in the tender is reworked by applying GST at 12 %, the Petitioner will be L-1. The submission is that by any calculation, the fifth respondent cannot be L-1 and it is the Petitioner who is L-1, if uniform rate of GST is applied. 8. Learned senior counsel for the Municipal Corporation invited our attention to the delay and latches. He submits that the Petition was kept ready in February 2018 and was affirmed on 7th Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion No.38 clearly requires the tenderer to quote the amount inclusive of all taxes including GST. The tenderers were required to mandatorily upload the information about the applicable taxes in the pro-forma enclosed under 'Special Annexure-I' which was to be given with "C" folder. We have already quoted clause 2 of special note in the tender notice. It specifically lays down that the lowest bidder will be decided on combined lowest cost considering the quotes for both parts i.e. Part A and Part B. Even going by the case made out by the Petitioner, if combined amount quoted for Parts A and B is considered, fifth respondent is the lowest bidder as can be seen from the figures quoted in paragraph 4 above. 11. Now the submission, in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14. There is another aspect of the matter. By email dated 3rd February, 2018 (Exhibit "E" to the Petition) sent to the Petitioner, the Municipal Corporation had informed its decision to award the subject tender to fifth Respondent. The reason for taking the said decision is also informed by the Corporation to the Petitioner by quoting the figures. Assuming that the Petition was made ready on 7th March, 2018, then it becomes clear that the Petitioner filed the Petition when he became aware that the Standing Committee was to consider the subject on 9th March, 2018. Even this aspect of delay also needs to be noted as this aspect is relevant for exercise of the jurisdiction under Article 226 of the Constitution of India. 15. We find n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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