- (1.) BY this application under Article 226 of the Constitution, the petitioner, Sm. Sudha Shashikant Shroff, has asked for a writ in the nature of mandamus directing the respondents to forthwith cancel or rescind the advertisement published in the Statesman dated 4th September 1992, a copy of which is Annexure - D to the petition. The petitioner has also asked for a writ of mandamus directing the respondents to forthwith deliver the goods or machinery to the petitioner in accordance with the original letter of acceptance dated 7th July 1989, a copy of which is Annenure-B to the petition. The petitioner has also claimed other reliefs.
(2.) SOMETIME in May 1989 the respondent No. 1 published an advertisement in The Indian Express for sale of obsolete textile machinery on "as -is -where -is basis". On 19th June 1989 the petitioner submitted its tender on 'our machine per site basis' for a total sum of Rs. 36,97,960/- and deposited a sum of Rs. 23,000/- towards earnest money. The petitioner was ultimately found the highest bidder. But according to the petitioner, the bid of the petitioner was found to be below the reserve price. It is the case of the petitioner that the respondents No. 1 started negotiations with all the tenderers and asked them to quote revised rates. Pursuant to the said negotiations, the petitioner on 3rd July 1989 submitted a revised tender and deposted a further sum of Rs. 1,40,500/ -.
(3.) ON 7th July 1989 the revised offers of all the tenderers were opened and the petitioner was found to be the highest bidder. The respondent No. 1 by a letter dated 7th July 1989 accepted the offer of the petitioner in respect of sixty four of machineries mentioned in the said letter, a copy of which is Annexure- B to the petition. After the said letter of acceptance was issued the petitioner on 10th July 1989 deposited a sum of Rs. 2,32,420/-by a pay-order drawn on the United Bank of India, Burrabazar Branch, towards part purchase price of the items sold i. e. the items mentioned in the said letter dated 7lh Julyl989.;