SINGH TRANSPORTERS Vs. BHILAI STEEL PLANT

JUDGEMENT

(1.) THE petitioner, which is a partnership firm, submitted his tender for the work "Augmentation of SCRAP" for melting in SMS-I & SMS-II from different departments of their plaint at Bhilai along with ' 1,50,000/- as earnest money. In the tender documents, eligibility criteria was given as under:

(2.) BUT the petitioner did not submit the required document with its tender papers. Consequently, a letter was sent to the petitioner on 20.10.2006 inter alia requesting him to submit Annexure-X along with the offer and also to submit Audited Balance Sheet and profit & loss account for last three years. Annexure-X was the undertaking that they shall deploy 64 nos. of HSL trust CPF labour for the stipulated period of contract. When the petitioner did not supply the above required documents, his financial bid was not opened. However, the respondent has forfeited his EMD amount of ' 1,50,000/- vide impugned order dated 09.01.2007 (Annexure P/2) under Clause 1.16 of the Special Conditions.

(3.) THE facts as mentioned in that case, the admitted position was that 120 days of the validity period of the tender would have come to an end on 28th November, 1997. In August the technical bids were opened. In September the financial bids were opened, wherein it was found that the respondent was the highest bidder. On 20th November, 1997 the respondent withdrew his bid.