JAN KALYAN PRESS Vs. BHARGAVA BHUSHAN PRESS

JUDGEMENT

(1.) BOTH the appeals preferred under Clause 10 of the Rules of this Court arise out of the common judgment dated 17.8.2001 passed by a learned Single in C.W.J.C. No. 4863 of 2001 and as such they are being disposed of together.

(2.) SHORN of unnecessary details, facts giving rise to the present appeal are that Bihar State Text Books Publishing Corporation invited bids in sealed cover for printing and supply of text books, details whereof were given in clause 2 of Invitation for Bids. Last date for sale of tender paper, after extension, was 5.1.2001 and the last date for receipt and opening of the bids, after extension, was fixed as 6.1.2001.

(3.) CLAUSE 15 of Invitation for Bids required furnishing of security and Clauses 15, 15.1 and 15.3 which are relevant for the purpose read as follows : "15. Bid Security 15.1 Pursuant to lTB Clause 9, the Bidder shall furnish as part of its bid, a bid security in the amount as specified in Section -V -Schedule of Requirements 15.3 The bid security shall be in Indian Rupees and shall be in one of the following forms : (a) A bank guarantee or an irrevocable letter of credit issued by a nationalized scheduled bank located in India or a bank located abroad acceptable to the Purchaser in the form provided in the bidding documents and valid for 45 days beyoned the validity of the bid: or (b) A crossed demand draft of pay order drawn in favour on Bihar State Text Book Publishing Corporation Ltd. payable at Patna".