R P P SELVAM INFRASTRUCTURE (P) LTD. Vs. CHAIRMAN AND MANAGING DIRECTOR TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED

JUDGEMENT

(1.) The instant writ petition has been filed challenging the Letter No.CE/P&RC/SE/PD&C/EE/C-1/A1/F-GIS Tender/D60/11 dated 05.04.2011 issued by the second respondent rejecting the request of the petitioner for refund of Earnest Money Deposit paid by the petitioner at the time of participating in the tender, called for by the first respondent under notification dated 21.09.2010.

(2.) It is the case of the petitioner that as per the tender notification dated 21.09.2010, they participated in the tender and along with their application, they submitted a covering letter dated 21.10.2010 wherein they have specifically stated that the tender submitted by the petitioner does not include the service tax component. It is their case that the respondents ought to have rejected the tender, since as per the tender notification all the bidders will have to quote the rates inclusive of service tax. As the petitioner has quoted the rates exclusive of service tax, the respondents ought to have rejected the tender of the petitioner and returned the earnest money deposit paid by them along with their tender.

(3.) The petitioner made a request for return of earnest money deposit by their letters dated 02.03.2011, 07.03.2011 and 16.03.2011. By order dated 05.04.2011 which is the subject matter of challenge in this writ petition the second respondent has rejected the request made by the writ petitioner for refund of earnest money deposit of Rs.13,95,000/- on the ground that the tender submitted by the petitioner includes the service tax component also and hence it is a valid tender. Aggrieved by the impugned order dated 05.04.2011 passed by the second respondent, this writ petition has been filed.