GANAPATHI METALS Vs. M.S.T.C. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) Tenders were submitted by several parties in response to the notice inviting tender (NIT) (Annexure R-4/2) issued by Respondent 1. The tender submitted by the appellant was found to be the highest. The appellant's tender was accepted. Out of the amount of Rs. 22,84,721.00 which was payable by the appellant, an amount of Rs. 13,80,152.00 was paid. Respondent 1 which held the auction issued 10 orders out of which payment was made for 7 and delivery for one lot was also effected. At this point of time, some unsuccessful bidders filed writ petitions laying challenge to the tender conditions and also the acceptance of the appellant's tender. The learned Single Judge directed the writ petitions to be dismissed. The intra-court appeals preferred by the unsuccessful writ petitioners have been allowed by the Division Bench of the High Court by a brief order. The only submission which has prevailed with the Division Bench is that the tender notification dated 11.12.2002 contained conditions which were vague. The Division Bench has directed the decision of the learned Single Judge to be set aside with a further direction to hold the auction afresh. The successful bidder, aggrieved by the judgement of the Division Bench, has filed this appeal by special leave.

(3.) During the course of hearing, we asked the learned counsel for the respondent-writ petitioners to pinpoint the condition(s) of the tender notification which were vague. The learned counsel has read out condition 13.1 of NIT which reads as under: