PRANAB KUMAR CHATTOPADHYAY,J. - (1.) This writ petition has been filed challenging office order No.286 dated 13th March, 2010 passed by the respondent No.3 herein whereby the said respondent No.3 imposed penalty of Rs. 15 lakhs on the petitioners for the unusual delay of altogether 150 days in delivery of SKO in terms of the agreement.
(2.) Mr. Bahadur, learned advocate representing the petitioners submits that as per the terms and conditions of the tender in question, the authorities are entitled to cancel the tender and have the right to re-tender without any notice whatsoever in case of delay in lifting or delivery of kerosene oil beyond 10 days. Mr. Bahadur invited my attention to clause 3 of the tender condition and submits that for the delay in lifting or delivery of kerosene oil, a fine of Rs. 10,000/- per day can be imposed and the maximum delay permissible under the tender is 10 days only and in case of delay beyond the said 10 days the authorities are entitled to cancel the tender.
(3.) Mr. Bahadur submits that in the present case, the authorities did not cancel the tender and accepted the delivery beyond the prescribed time limit of 10 days.;