CONTROL ELECTRONICS INDIA Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) This writ petition is directed against the order whereby the tender of the petitioner was rejected and the tender of respondent No. 5 was accepted by respondent No. 2, basically challenging the said acceptance on the ground of arbitrariness and illegal action of the authorities/respondents.

(2.) A preliminary objection has been raised by the respondents that this writ petition is not maintainable as the petitioner had firstly withheld the material fact of filing the civil suit on the same subject-matter wherein his prayer for maintaining the status quo was refused by the Civil Judge, secondly, petitioner had not come with clean hands; thirdly ignorance of law is no excuse and fourthly whether the petitioner is involved in Bench hunting in the above background, the following facts are necessary : The petitioner has initially filed a Civil Suit No. 26-A/2006 before the Civil Judge Class-II, Kathgora, District Korba on the same subject-matter with the following prayers : ..(Vernacular matter omitted)..

(3.) Petitioner has translated the above prayers in English in para 3 of the rejoinder affidavit.