Rejection of Technical Bid of Tender for Not Uploading Bank Statement
Judgment dated 5.10.2026 of the High Court of Bombay, Bench at Aurangabad, in Writ Petition No.9698 of 2026 of M/s Pragati Construction Latur Vs. State of Maharashtra and others
Bombay HC Upholds Rejection of Technical Bid of the Tender for Failure to Upload Mandatory Bank Statement
EMD Paid but Bank Statement was not uploaded as Tender condition – Suffers Technical bid Disqualification – Bombay HC
Rejection of Technical Bid for Not Uploading Bank Statement
Respondents floated an E-tender for the work of construction of a gravity closed pipeline distribution system from the Head Regulator of Padmalaya II Dam for a command area of 1982 Ha more particularly described in E-Tender Notice No.14 of 2026-27. The estimated cost mentioned in tender is Rs.65.67 crores. Various parties, including the petitioner and respondent no.6 and 7, applied in response to the said tender. The parties applying for the tender were required to make an online payment of Earnest Money Deposit (EMD). The petitioner made the payment of EMD and uploaded receipt but the bank statement was not uploaded.
On 4 August 2026, technical bids were opened and respondent nos.6 and 7 were declared as qualified, whereas the petitioner and other two bidders were declared as disqualified. The reason for petitioner’s disqualification, as mentioned in the statement, is its failure to upload bank statement as mandated by Point no.25 of Volume – I of Detailed Tender Notice.
Tender Notice provided that – 22) All Conditions laid down in the Government of Maharashtra Resolution WRD Department Marathi Gr. No. Nivida 0417/ (Pra.Kra 247/17) Mopra-1 Date.18/10/2023 and guideline issued by Govt. of 9 of 28 Uploaded on – 05/10/2026 Downloaded on – 06/10/2026 16:54:04 WP-9698.2026.doc Maharashtra from time to time shall be applicable for uploading / opening and acceptance of the tender.
The GR dated 18 October 2023 is also referred to in these tender conditions and documents, wherein the parties have agreed that the same would be applicable to the present tender. The various clauses of this GR reproduced above also indicates that the whole process of filing the tender will be online, no physical document will be accepted, and if any deficiency is found on account of non-furnishing of certain documents alongwith tender, then such bid would not be considered. There is no challenge to this GR and rightly so because the petitioner while bidding has agreed to all the terms and conditions of the tender including the terms and conditions of the GR, which is specifically incorporated in the present tender
The petitioner should have taken utmost care in complying with all the requirements of uploading the documents alongwith the tender, moreso, when it was expressly made clear, in no uncertain terms and at more than one place, that if the bank statement is not uploaded, then such a bid will not be considered.