VIJAY POWER GENERAT Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) BOTH these writ petitions filed by M/s. Vijay Power Generators Limited being inter linked were heard together and are being disposed of by this common judgment.

(2.) IN W.P.(C) No. 5693/2003 the petitioner has prayed for a declaration that the award of contract pursuant to the tender notice, Annexure 1, for supply, installation, testing and commissioning of 380 KVA Diesel Generator set for the Main Office Building of the Reserve Bank of India in Bhubaneswar in favour of O.P. No. 3 is illegal and further for a direction to O.P. Nos. 1 and 2 to award the said contract in favour of the petitioner. While issuing notice on the writ petition on 13.6.2003 this Court passed an interim order to the effect that in case O.P. No. 3 has not supplied the goods pursuant to the tender notice, Annexure 1, the supply of goods by the said O.P. No. 3 would not be accepted by the R.B.I. O.P. Nos. 1 and 2. During pendency of this case [W.P.(C) No. 5693/2003], the Bank O.P. Nos. 1 and 2 considering the urgency in requirement of generator set in public interest for supply of uninterrupted power supply and to meet the exigencies for regulating the function in voltage specially for currency verification processing system machine issued another notice on 31.7.2003 inviting tenders for providing one 380 KVA D.G. Set at the Bank's Office premises at Bhubaneswar on hire basis. When the petitioner approached O.P. No. 1 Bank with requisite fee for issue of tender papers, the opp. parties refused to issue the same. Against such refusal, the petitioner has approached this Court in W.P.(C) No. 8651/2003.

(3.) AN affidavit has been filed on behalf of the R.B.I. in W.P.(C) No. 8651/2003 annexing thereto the photocopy of the extracts of the Measurement Book bearing No. 623/5A relating to execution of the work of installation of Generator Set in the R.B.I. Office at New Delhi which was taken up by the present petitioner. From the aforesaid Measurement Book it transpired that there was delay in completion of the work for which penalty of Rs. 12,000/ was imposed on the petitioner. In reply to the aforesaid affidavit filed on behalf of the R.B.I., the petitioner has filed an affidavit through its authorized representative Shri Deepak Pattnaik wherein the petitioner has admitted that penalty was imposed on it but it has submitted that the matter was settled subsequently amicably and the amount due was later on released in favour of the petitioner.