PSEB Vs. BHATIA INTERNATIONAL LTD

JUDGEMENT

(1.) Leave granted.

(2.) The appellants invited tenders for supply of coal. NIT is dated 1-4-2005. The tender bids were required to be in two parts: (i) technical bid, and (ii) financial bid. The last date for submitting the tender bid was 27-4-2005. The respondents technical bid was found to be not qualified. There were 22 documents filed by the respondent with tender documents on 27-4-2005. Admittedly, most of the documents, if not all, were forged. The respondent placed the liability for submitting such forged documents on one of its employees. Obviously, the appellants are not concerned with this as it is a matter between the respondent and its employee. Subsequently, the respondent submitted another set of 18 documents, all new, and which were not filed by it with the appellants on or before the expiry of last date for submitting the tender documents. The appellants refused to take these documents into consideration. Feeling aggrieved, the respondent filed a writ petition in the High Court. Vide the impugned order dated 15-6-2005 the High Court finally disposed of the writ petition by directing the appellants herein to consider the technical bid of the respondent herein on the basis of the documents "now submitted" in accordance with the rules and regulations of the Board. Feeling aggrieved by the impugned order of the High Court, the appellants have filed this appeal by special leave.

(3.) Having heard the learned counsel for the parties we are satisfied that the appeal deserves to be allowed. The High Court could not have extended the last date for submitting such documents as were necessarily required to be filed with the tender to make it a valid tender bid. In addition, we find that the petitioner in the High Court (i.e. the respondent before us) whose employee entrusted with the job of submitting the tender filed documents therewith which are admittedly forged should not have been shown any indulgence by the High Court.