- (1.) This writ application has been filed by the petitioner inter alia, for the following orders : (a) Issue a writ or writs, order or orders, direction or directions in the nature of mandamus commanding the respondents and/or each of them and/or agents, servants, assignees, representatives and calling upon them as to why the tender under tender specifications given by the petitioner not be given effect to the satisfaction of the petitioner by releasing and/or disposing materials to them ; (b) Issue a writ or writs, order or orders, direction or directions in the nature of prohibition prohibiting the respondents and/or each of them and/or agents, servants, assignee and/or representatives from taking any steps and/or further step contrary to the interest of the petitioner in respect of the specified tender ; (c) The respondents be directed to enforce the accepted tender of the petitioner for the purpose of disposal of the material immediately without any further delay.
(2.) The facts leading to the filing of this writ application are as follows : Pursuant to a tender notice dated 20.4.93 the petitioner submitted the tender in regard to the subject matter of this writ application on 21.6.93 by registered post as per instruction of the respondents inasmuch as the respondents refused to accept the hand delivery of the same allegedly on the ground that the petitioner was late in submitting the tender by ten minutes from the scheduled time. However, petitioner's tender was accepted by the respondents and the earnest money paid by the petitioner was received, encashed and receipt was granted by the respondents. The petitioner was declared the highest bidder.
(3.) The petitioner allegedly was asked to come to Delhi by the respondents for the purpose of negotiation by letter dated 20.9.93 which is contained in Annexure E to the writ application stating - "Your representative must bring the Earnest Money Deposit @ 3% of the quoted value along with the following documents : (a) Original documents for our verification for which photo copies have been enclosed with the offer. (b) Banker's Certificate regarding financial soundness of your firm. A final view in the subject tender will be taken after discussions. Therefore, your accredited representative should be prepared to stay for 3 days and bring with him the letter head and rubber stamp of the firm, in case the same we required during the course of discussion." Pursuant thereto an authorised representative petitioner went to Delhi and took part in the negotiation. According to the petitioner, it also extended the validity period as was directed to do by the respondents. However, the petitioner was informed that his tender could not be considered as the same was found to have been submitted later.;