PRAGATI AGRIBIZ LLP Vs. MANAGING DIRECTOR
HIGH COURT OF MADHYA PRADESH
Pragati Agribiz Llp
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Sujoy Paul,J. -
(1.) This petition filed under Article 226 of the Constitution assails the order dated 4th March 2021 (Annexure P/1) whereby petitioner's bid has been rejected during technical evaluation for the reason i.e. "disqualified due to non submission of partnership deed".
(2.) The relevant facts necessary for adjudication are that petitioner is a limited liability partnership (LLP) Firm registered pursuant to Sec.58 of the Limited Liability Partnership Act, 2008 (for short "the Act"). Petitioner filed copy of registration certificate as Annexure P/2. The respondent issued an e-tender cum auction notice on 2/2/2021 (Annexure P/3). The petitioner submitted bid on 2/3/2021 which was duly acknowledged by respondent on the same date (Annexure P/4). Petitioner filed his bid document as Annexure P/5. Prior to this, petitioner's enrollment requisition was also acknowledged by the respondent through e-mail dated 2/3/2021 (Annexure P/6). The respondent by e-mail communication dated 4/3/2021 (Annexure P/7) at 12.40 PM confirmed that petitioner's bid has been admitted by the Committee.
(3.) Shri Panwar, learned counsel for petitioner submits that on the same day i.e. 4/3/2021 at around 3.58 PM the respondent sent another e-mail letter to petitioner informing that for non submission of partnership deed his bid has been rejected. Learned counsel for petitioner submits that as per tender document there was no requirement to submit any partnership deed. The petitioner has already filed the certificate of registration on conversion issued by the Ministry of Corporate Affairs, Government of India (Annexure P/2). In addition, petitioner filed the power of attorney (Annexure P/5) whereby Mr. Akhtar Hussain was authorised on behalf of petitioner to take all necessary steps. The rejection of petitioner's bid is arbitrary, unjustifiable and impermissible in law.;
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