9911796707
TMI Blog2024 (7) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... H KUMAR Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Respondent/s : Mr. Vinay Kirti Singh ( GA-2 ) Mr. Kunal Tiwary, JC to GA-2 ORAL ORDER (PER: HONOURABLE THE CHIEF JUSTICE) The petitioner is aggrieved with his non-empanellment, as per a Notice Inviting Tender (for brevity 'NIT'). The learned counsel for the petitioner also specifically draws our atten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndum did not modify the condition which the petitioner failed to satisfy, which also led to disqualification. 3. The Notice Inviting Tender is produced as Annexure-1, which was in January 2023. The last date of submission of tenders was on 08.04.2023, which was extended to 08.05.2023. The Corrigendum was issued on 27.04.2023. The specific ground on which the petitioner's firm has been disqualifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tements of 12 months of the bank account of the firm in Bihar, was the stipulation. 5. The Corrigendum changed the above stipulation with the following modifications, which is extracted hereinbelow:- If CA Firms has its Head Office out of the State of Bihar but have a Branch Office in Bihar since last 5 years continuously without break Such Branch Office muse be situated continuously in Biha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year period was stipulated in the original NIT as also in the amended Corrigendum. 7. The petitioner had submitted his tender on the last date, i.e. 08.05.2023. As we noticed even the original NIT contained the stipulation that the branch office should have been working for the last 5 years, so the date of submission of tender is not relevant. 8. The learned counsel for the petitioner refers to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplementary Counter Affidavit dated 29.11.2023 indicates the specific reason for disqualification of the petitioner who figures at Serial No. 94. The reason stated is "Proposal has been not evaluated due to last five year FCC has been not attached." The petitioner obviously had produced a Firm Constitution Certificate evidencing their presence in Bihar for only the past one year. We find absolutel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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