N.E. TRADE AND TRANSPORT AND ANR. Vs. FOOD CORPORATION OF INDIA AND OTHERS
HIGH COURT OF GAUHATI
N.E. Trade And Transport And Anr.
Food Corporation of India and Others
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MR.ARUP KUMAR GOSWAMI,J. -
(1.) Heard Mr. N. Deka, learned counsel appearing for the petitioner. Also heard Mr. S.K. Chakraborty, learned Standing counsel, Food Corporation of India (FCI), appearing for the respondents.
(2.) A Notice Inviting E-tender (NIT) dated 30.03.2015 was uploaded by the General Manager, FCI, Regional Office, Assam Region, in the Central Procurement Portal of the FCI inviting tenders online under "Two Bid Tendering System" for appointment of a regular contractor, with or without requisite experience, with strong financial background for a period of two years for transportation of food grains/sugar/allied materials, amongst others, from "Ex-railway Siding, Salchapra to FCI, FSD Arundhutinagar, Tripura, via weighbridge (Distance 243 K.Ms.)". In the NIT, amongst others, it was notified as under:
"The rate should be quoted as per MT per k.m. as per MTF. If rate is quoted otherwise it shall be converted to per MT per k.m. taking distance as mentioned above."
"MT per k.m." and "MTF" are the abbreviations for "Metric Ton per Kilometer" and "Model Tender Form" respectively.
(3.) The petitioner No. 1 firm, of which the petitioner No. 2 is the proprietor, submitted tender @ Rs. 11.41 per MT per k.m. in respect of Ex-railway Siding, Salchapra to FCI, FSD Arundhutinagar, Tripura, via weighbridge and the petitioner firm having emerged as the lowest tenderer, the General Manager (Region), FCI, Regional Office, Assam Region, issued a letter dated 29.06.2015 (Annexure-B) appointing the petitioner as transport contractor for a period of two years for transporting goods of the FCI from Ex-railway Siding, Salchapra to FCI, FSD Arundhutinagar, Tripura, via weighbridge. The petitioner accordingly started transporting goods and raised bills taking the distance to be 243 K.Ms., as specified in the NIT. However, the petitioners found that the distance between Ex-railway Siding, Salchapra to FCI, FSD Arundhutinagar, Tripura, is 243 K.Ms., but 295 K.Ms. and, accordingly, submitted representations dated 07.12.2015 and 20.05.2016 to the General Manager, FCI, requesting him to make payment of the differential amount in view of distance being wrongly indicated in the NIT.;
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