SAUGATA BHATTACHARYYA,J. - (1.) This intra court appeal is presented questioning the order and judgment dated 24th March, 2015, passed by the Ld. Single Judge whereby the propriety of the decision directing the appellants herein to pay 10 per cent of the contract value of the tender as damages has been challenged. The appellants were directed to pay to the writ petitioners/respondent Nos. 1 and 2 Rs. 61,92,514/- being 10 per cent of the contract value within 12 weeks of the communication of the order of the Ld. Single Judge.
(2.) The Kolkata Municipal Corporation (hereinafter KMC) floated a notice inviting tender being no. KMC/CICMP(S)/48/A 179/2014-2015 for supply of DI (ductile iron) pipes which was valued at Rs. 6,19,25,138 (six crores nineteen lacs twenty five thousand one hundred thirty eight only) whereunder bids were invited from the eligible tenderers for appraisal of their credentials for offering the work order. Clause 6 of the eligibility criteria under the notice inviting tender contains a clause which is quoted below- "6. A declaration in the form of an affidavit on stamp paper of Rs.10 duly attested by a notary should be submitted as per format given in the proforma I stating that the appellant is not debarred/de- listed/blacklisted by in any Govt/Government undertaking/Municipal Corporation in respective pipe supply tender at the time of submission of bid. Only such blacklisting, which has been ordered by an officer, not below the rank of an Executive Engineer will be relevant to this context. In case the bidder suffers from any blacklisting/debarment by any Govt/undertaking (Govt)/ Municipal Corporation in respective pipe supply tender at the time of submission of bid, he will not be eligible to participate in the tender."
(3.) Writ petitioner company pursuant to the said notice inviting tender submitted its bid claiming to be an eligible tenderer in terms of the necessary eligibility criteria including clause 6 as quoted above. As per requirement of said clause 6 an affidavit dated November 28, 2014 was sworn on behalf of the writ petitioners declaring as follows: "We are not debarred/delisted/blacklisted by any Govt./Government undertaking/Municipal Corporation in respective pipe supply tender at the time of submission of this bid. We have not made any misleading of false representation in the forms, statements and attachments in proof of the qualification requirements. We have submitted all the supporting documents and furnished the relevant details as per NIT. The information and documents submitted with the tender by us are correct and we are fully responsible for the correctness of the information and documents submitted by us. We understand that in case any statement/information/document furnished by us is found to be incorrect or false, our EMD in full will be forfeited and Business dealings with us banned". ;