VANDEMATARAM PROJECTS PRIVATE LIMITED Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) By this writ-application under Art. 226 of the Constitution of India, the writ-applicant - a Company registered under the Companies Act , 1956 [for short ' The Act '] has prayed for the following reliefs:-

(2.) It appears from the materials on record that the respondent no.1 herein - Gujarat Housing Board floated a tender in the month of January, 2018 under the Mukhya Mantri Gruh Yojna for the planning, designing and construction of flat type high rise buildings- cum-commercial units for the various income group at Mahemdabad [30 shops + 120 EWS-I + 240 EWS-II] under the Vadodara Division on the land bearing Revenue Survey Nos.12, 13, 25, 26 respectively located near the Sahyog Housing Society, Mahemdavad, Kheda. It is not in dispute that the writ-applicant offered its bid to the respondents and upon evaluation of the technical bid as well as the financial bid emerged as the successful bidder. The bid of the writ- applicant was accepted for Rs.19,00,50,030.00. It is also not in dispute that the writ-applicant furnished the Security Deposit at the rate of 2.5% to the tune of Rs.55,35,000.00 of the tender value and also, furnished the Performance Bond at the rate of 5% to the tune of Rs.1,10,70,000.00 of the tender value.

(3.) It appears that during the midst of the contract work, the board decided to terminate the contract for the reasons assigned in its impugned order dtd. 7/6/2021, Annexure-A to this writ- application at Page-28. With the termination of the contract, the Board thought fit to forfeit the E.M.D., Security Deposit as well as the Performance Guarantee. The total amount, which stood forfeited with the termination of the contract comes to around Rs.1,66,05,000.00 [Rupees One Crore Sixty Six Lac Five Thousand Only]. In such circumstances referred to above, the writ-applicant is here before this Court with the present writ-application.