K A JELTON GOVT CONTRACTOR Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) This matter comes to the Division Bench on a reference by learned Single Judge.

(2.) Petitioner is a licensed Government contractor to whom an amount of Rs. 7,50,000 is stated to be due from the Government for certain works done. After responding to Exts. P-1 and P-3 tender notifications inviting sealed tenders for certain other works, the Petitioner submitted a representation, inter alia, requesting that the actual remittance of Earned Money Deposit be dispensed with and that the amounts due to him under different bills pending with the second Respondent be adjusted towards such E.M.D. He, thereafter, filed this writ petition seeking the issuance of a direction commanding the Respondents to permit him to submit the tenders for the works included in Exts.P-1 and P-3 tender notices, without remitting EMD on condition of adjustment as claimed by him. In support, the Petitioner projected Exts. P-5 to P-8 judgments of this Court as having been rendered considering similar issue. He also sought that the Respondents be directed to consider and dispose of his Exts. P-2 and P-4 representations, in the light of those judgments.

(3.) The learned Single Judge, on hearing the writ petition, found no way to concede to the aforesaid request since there was no condition in the tender document either to waive EMD or to relax the provision that the EMD shall be forfeited. It was also found that there is no specific provision in the tender document authorising the Superintending Engineer to make any relaxation. Therefore, disagreeing with the views in Exts. P-5 to P-8 judgments, the matter has been referred for consideration by the Division Bench.