SUDANANDAN C Vs. CHIEF ENGINEER

JUDGEMENT

(1.) The petitioner is a registered contractor. The third respondent, as per Ext. P1 tender notification dated 20/12/2002, invited tenders for the collection of toll from the vehicles passing through Arappuzha Bridge on NH - 17 across Chaliyar river at Kozhikode. The period for the collection was from 01/04/2003 to 31/03/2004 or upto 31/03/2004 from the date of handing over of the right or upto the date of service of notice terminating contract. The last date for submitting tender was 23/01/2003 and 4.30 p.m. on that day was fixed for opening the tenders. Ext. P2 is the forwarding slip to accompany the tender.

(2.) Pursuant to Ext. P1, the petitioner and 15 others submitted their tenders. The amount offered by the petitioner was the highest. The 2nd, 3rd and the 4th highest offers were that of the respondents 4, 5 and 6 respectively.

(3.) Form No. 83 containing the terms and conditions formed part of the tender. Ext. P3 is some of the relevant portions of Form No. 83. As per Clause 12 of Form No. 83 and as stipulated in Exts. P1 and P2, the firm period of the tender was four months. During that period, the successful tenderer was not free to withdraw his tender as provided in Clause 12 of Form No. 83. Certain special conditions, as provided in Ext. P4, were also made applicable to the tender. As per the first special condition, the successful tenderer should execute an agreement for the tender fulfilment of the contract within seven days of receipt of the acceptance of the tender. He has also to deposit the amount as stipulated in that provision. Form No. 83 also contains similar provisions. Acceptance and approval of tender are conditions precedent for the commencement of work.