- (1.) M/s International Auto Trading Company, Kurukshetra, has approached this Court through this writ petition under Articles 226 and 227 of the Constitution for the quashing of the grant of contract in favour of M/s Arora Road Carrier, respondent No. 3, on 9th June, 1989, as also for the quashing of the renewal of contracts in favour of certain other concerns impleaded as respondents Nos. 4 to 7, and for the issuance of a writ of mandamus directing Hindustan Machine Tools Ltd. , Pinjore, respondent No. 1 and its Deputy General Manager (Sales), respondent No. 2, to accept the tender of the petitioner and to grant them the contract for transportation of H. M. T. tractors by rail/road from Pinjore and Mohali to various destinations in India.
(2.) THE main grievance of the petitioner company is that though as per the advertisement, tenders were to be opened on 31st December, 1988, yet the same were opened later. Consequently, those concerns whose tenders were received late, that is, on 2nd January, 1989, were granted the contracts whereas the petitioner-company whose tender was the lowest, was denied the contract. Aggrieved by that, the petitioner-company approached the Civil Court for the grant of injunction bat when the same was declined, the present writ petition was filed.
(3.) THE respondents in their written statements have explained the position by stating that some persons instead of sending their tenders by post, brought the same personally but they were advised to send she same by post. Duo to postal delays, the tenders reached on 2nd January, 1989. Hence, they were opened on that very day. Further, the petitioner-company had not only filed civil suit on the same cause of action but had withdrawn the same as the relief sought for was not granted, without obtaining leave of the Court for riling a fresh suit on the same cause of action, hence, the present writ petition was not maintainable.;