- (1.) WE have heard learned counsel appearing for the appellant.
(2.) LEARNED Single Judge dismissed the writ petition, challenging the rejection of the petitioner's bid and forfeiture of the earnest money and debarring the Firm from participating in the tender process for a from participating in the period of two years, on the ground that though the appellant/petitioner had offered lowest tender for supply of the Diagnostic Kits, the petitioner backed out from its assurances given in the negotiation process on 23.10.2013.
(3.) LEARNED Single Judge found that Shri Ashok Bhasin, the authorized representative of the Firm, attended the negotiations held on 23.10.2013, and agreed to supply the kit 'Anigen Brucella, ID -Vet IBR Test', to the Rajasthan Livestock Development Board, on the rates given by the National Dairy Development Board. The Firm later on backed out from its assurances, on which the entire process of tendering was frustrated. Learned Single Judge held that the Firm was taking contradictory stands. A combined reading of the documents, relied on before learned Single Judge, demonstrated that not only the representative of the appellant -Firm had attended the negotiation meeting but also agreed for further reduction of 1% on over and above 2.5% reduction in the quoted prices by the respondent, and had also agreed to offer the kits in the packing of 960 tests. Having agreed, if the appellant had backed out from its offer, the respondent -Board had every justification in forfeiting the earnest money of Rs. 25,000/ -, and debarring it from participating in the tender process for a period of two years.;