DELCOM ENGINEERING PVT. LIMITED Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The petitioner is a contractor. The first respondent invited online bids for the construction of a bridge as per Ext.P1 notice. As per the terms of Ext.P1 notice, along with the online bids, the contractors had to pay the Earnest Money Deposit and the bid submission fee also online. The bids, as per Ext.P1 notice, had to be submitted through the e-tendering website of the Government managed by IT Mission. The last date for submission of the online bid was 28.04.2017. According to the petitioner, they submitted the bid on 26.04.2017 itself and paid the Earnest Money Deposit and the bid submission fee along with the bid on the same day. The case of the petitioner is that the bid submitted by them has not been considered by the first respondent on the ground that they have not remitted the Earnest Money Deposit and the bid submission fee before the last date fixed for payment. The petitioner, therefore, seeks directions to the respondents to consider their bid also for awarding the work.

(2.) A counter affidavit has been filed by the first respondent. Paragraph 5 of the counter affidavit reads thus:

(3.) Heard the learned counsel for the petitioner as also the learned Government Pleader.