PES INSTALLATION PVT. LTD. Vs. BENSON MEDICAL EQUIPMENT PVT. LTD.

JUDGEMENT

(1.) The appeal is directed against a judgment and order of February 13, 2020 by which the first respondent's writ petition has been partly allowed upon substantial costs being awarded and the first respondent has been given leave to pursue a claim in damages by way of a civil suit.

(2.) The matter pertains to a notice calling for online bids for supplying, commissioning, installing and maintaining on a turnkey basis, oxygen at the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS). The earnest money deposit was indicated in the relevant notice of August 25, 2015 to be Rs.30.00 lakh.

(3.) It appears that the first respondent was immediately found not to be qualified to be awarded the contract. An initial petition under Article 226 of the Constitution was filed by the first respondent challenging the apparently unreasoned order of disqualification. The first respondent succeeded at such stage to the extent that the employer was required to indicate reasons as to why it perceived the first respondent not to be qualified to participate in the process or be awarded the contract.