VIJAY NIRMAN COMPANY PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms Jyoti Mendiratta, learned counsel assisted by Mr. T. Momo, learned counsel appearing for the petitioner and Mr. Kh. Samarjit, learned DSGI assisted by Mr. N. Nongdamba, learned counsel appearing for respondent.

(2.) The brief facts of the present case are that on behalf of the President of India, the respondent issued a Tender Notice dtd. 9/12/2014 along with information and instruction for bidders inviting e-tenders from interested and eligible tenderers for construction of a multipurpose building for the National Institute of Technology (NIT) at Langol, Imphal. The components of work includes pile foundation, internal water supply, sanitary installations, UG Sump, development and bulk services, internal electrical installations, HVAC Electric Sub-station, lifts, DG sets, fire alarm and fire fighting system.

(3.) Clause 10B(ii) of the General Conditions of Contract (GCC) provides for availing mobilization advance by the Contractor not exceeding 10 percent of the tender value in the manner prescribed therein. For ready reference, the provision of Clause 10B(ii) of the GCC is reproduced hereinbelow:-