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Urgent - How to protest?

(Querist) 09 November 2010 This query is : Resolved 
Govt. has issued tender for supply of products. these products can be made by using certain machinery. at present there are various indegeneous as well as foreign Com.producing machines required for these tendered products , however Govt. has mentioned two foreign machine made products specifically and thereby restrict the number of tender offers.

Now can similar machine manufacturers challenge Government tender requirement on the grounds of provision of Competition Act or as restrictive trade practices followed by Government.

Please reply.
Khaleel Ahmed (Expert) 09 November 2010
It is the choice of Government to select their required brand of product.No other manufacturer can not challenge the tender requirement prescribed by the Government or any other public or private sector.
pawan sharma (Expert) 09 November 2010
no right to challenge the tender bcz the govt. or any private company can demand the perticular company product in its tender.
adv. rajeev ( rajoo ) (Expert) 09 November 2010
I agree with Khaleel
s.subramanian (Expert) 09 November 2010
Yes.
Gargi Ranade (Querist) 10 November 2010
Thanks a lot to all Experts.

but please clarify my one more doubt that section 3 of The Competition Act 2002 defines term bid rigging as any agreement between enterprise and persons which has effect of eliminating or reducing competition for bids or adversely afeecting or manipulating the process for biding ,and on that ground can we challange same agreement as Anti Competative Agreement.
Ravindra Nath Tripathi (Expert) 10 November 2010
Constitution of India guarantees equal protection to all. You can approach to the High Court of your are to stay the proceeding and highlight the grievances, you have mentioned above. You have a point in it. And I hope you will get some relief. The quality of the product can be decided, you can not say that you have to purchase the product from the specific shop. You should approach to the High Court immediately.
Arun Kumar Bhagat (Expert) 17 November 2010
File a writ in High Court agitating your grievances. I hope you will succede.


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