DINESHBHAI PYARELAL SHAH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) LEAVE to add State of Gujarat in the Irrigation Department as respondent No. 2. NOTICE to the newly added party returnable forthwith. At the suggestion of the Court, Ms Jirga Jhaveri, learned AGP waives service of notice for the newly added party. In the facts and circumstances of the case, the petitions are taken up for final disposal.

(2.) THE respondents had invited online bids by public notices for sale of unusable machineries/spare parts/steel/vehicles/equipments, etc. in different lots, which are as under :-<FRM>JUDGEMENT_56_TLGJ0_2009Html1.htm</FRM>

(3.) THE present petitions are concerned with lot Nos. 6 and 14. The petitioners' bids for the above lots were found to be higher and with taxes the bids were Rs. 31,47,075/- for lot No. 6 and Rs. 37,81,815/- for lot No. 14. As per the terms and conditions of the tender notice, the petitioners paid 25% amount as EMDs being Rs. 7,38,750/- for lot No. 6 and Rs. 8,87,750/- for lot No. 14. The petitioners were accordingly required to pay the balance amount of Rs. 27,08,325/- for lot No. 6 and Rs. 28,94,065/- for lot No. 14. The petitioners failed to pay the balance amount within 30 days from the date of receipt of the separate letters dated 13. 10. 2008. The petitioners requested for grant of time for paying the balance 75% amount without imposition of penalty. Such representations dated 05. 12. 2008 were rejected by respondent No. 1 and respondent No. 1 granted the petitioner time upto 10. 12. 2008. The petitioners did not pay the balance amount within the above time limit and therefore, respondent No. 1 passed the impugned orders dated 15. 12. 2008 for forfeiting the EMD of 25% deposit in each case. Hence this petition.