- (1.) This review application has been made by the applicants, the petitioners in the writ petition, to review the order passed by this Bench on 01st November, 2011 in the aforesaid writ petition along with an application for condoning the delay occurred in filing the review application. The order dated 01st November, 2011 passed by this Court is as follows: "The petitioners are bidders in connection with a contract between them and National Highway Authority of India Ltd. One of the conditions in connection with the acceptance of bid is that "Any bid having bid security for lesser value and shorter validity period shall be treated as non-responsive." According to the petitioners, the earlier bank guarantee was for a shorter period which was subsequently extended and accepted by the authority concerned. Therefore, their financial bid is to be opened. According to the respondents, incorrect period as fixed by the bank guarantee is one of the ground for non opening of the financial bid. It might be mistake or error but in the meantime, the bid of the other has already been accepted after opening and finalized. Even if the period of bank guarantee is extended to cover up the clause with validity period, the same cannot be accepted. There is no legal enforceable right on the part of the petitioners in compelling the respondents to accept their bid for whatever reasons. Admittedly, the supporting documents of bank guarantee was incorrect which has been cured by that time when bid was opened. It would not be proper for us to interfere with the matter because legitimate expectation, if any, in favour of the petitioners may destroy the legitimate expectation of the successful bidder who is not before us. Therefore, in totality, writ petition cannot be admitted and the same is dismissed, on contest, at the stage of admission without imposing any cost."
(2.) We find from the report of the Stamp Reporter that the review application is delayed by 42 days. The review application has not been made by the original counsel, who presented and argued the writ petition, but by the different Counsel.
(3.) From the plain reading of paragraph-9 of the affidavit filed in support of the review application, we find that one M/s. Vikas Enterprises filed a writ petition in connection with cancellation of tender process, being Civil Misc. Writ Petition No. 11719 of 2011 (M/s. Vikash Enterprises and another Vs. National Highway Authority of India and others), wherein a limited interim order was passed to the extent that it will be open to the respondents to proceed with the tender process, but not to declare the result till further orders are passed. Such interim order was passed on 25th February, 2011. As per the own statement of the applicants as made in paragraph-10 of the affidavit, such interim order was not extended by further order of this Court dated 09th March, 2011. For proper understanding, paragraphs-9 and 10 of the affidavit filed in support of the review application are quoted hereunder: "9. That the M/S. Vikas Enterprises being aggrieved by the order of cancellation of the tender process by NHAI on 25.2.2011 has filed the Civil Misc. Writ Petition No. 11719 of 2011 before the Hon'ble High Court of Judicature at Allahabad. The Hon'ble High Court has given time to the respondents to file Counter Affidavit and in the meantime, it will be open to the respondents to proceed with the tender process, but not to declare the result till further orders of this Court. A photocopy of order dated 25.2.2011 passed by this Hon'ble Court in Writ Petition No. 11719 of 2011 is being annexed herewith and marked as Annexure No. II to this Affidavit. 10. That the Hon'ble High Court on 9.3.2011 has passed the following order we do not find any good ground to extend the interim order dated 25.02.2011. It will be open to the NHAI to complete the tender process to declare the result. The result will however be subject to the final decision of the Writ Petition. List for hearing on 28.3.2011. Photocopies of the order dated 1.3.2011, 3.3.2011, 8.3.2011, 9.3.2011 and 25.11.2011 is being collectively attached as Annexure No. III to this Affidavit.";