SUKUMAR CHAND JAIN Vs. MAHANAGAR TELEPHONE NIGAM LIMITED

JUDGEMENT

(1.) The petitioner has moved this Court under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to open the tender submitted by him with regard to the work of "construction of building at Hari Nagar, New Delhi" and to. consider the same while awarding the work With the other tenderers.

(2.) The respondent Mahanagar Telephone Nigam Limited issued Notice Inviting Tenders with regard to the works as specified therein. The portion of the notice which is relevant for the purpose of decision of this case may be reproduced as follows:

(3.) It is further alleged that since the documents were not available with the respondents, the same could only be supplied to the petitioner on August 30,1996 at about 1 p.m. Immediately on receipt of the documents the petitioner completed the same and filled in its quotation for the said tender. The petitioner, admittedly did not wax seal the same and merely stapled the envelope with the staple pins. The plea is raised in the petition that the petitioner had filled in quotation hurriedly and inadvertently it just escaped to seal the same by wax which was the requirement according to the tender notice. The tender was closed at 3 p.m. on September 2, 1996. The other contractors along with the petitioner had submitted their tenders just before the closing of the tender in the Tender Box inpresence of the other contractors and responsible officer of the respondents.