DIRECTOR OF RESEARCH AND CHAIRMAN Vs. GREEN EARTH

JUDGEMENT

(1.) WHETHER the learned single Judge was right in directing the Appellants to place order with the Respondent for supply of 100 numbers of Mini Portable Sprinklers Irrigation System with accessories and as to whether the said direction would continue to hold good inspite of the closure of the project and cancellation of the very contract on account of efflux of time and the tender and conditions of the National Agricultural Development Programme are the points falling for consideration in this intra court appeal.

(2.) BRIEF facts:- 1st Appellant called for sealed tenders for supply of 100 numbers of Mini Portable Sprinklers Irrigation System with accessories under two cover system (technical and price). Last date for receipt of bid was 16.8.2010 at 3.00 P.M. and the date for opening of the final bid was scheduled on 16.8.2010 at 3.30 P.M. As per the tender conditions, Respondent has deposited the bid security of Rs.15,000.00 and appeared before the 1st Appellant on 16.8.2010 at the opening of bids. The price bid was opened on 18.8.2010 and the 1st Appellant by letter dated 02.09.2010 requested the Respondent to appear before the Technical Committee for price bid negotiation on 06.9.2010 at 3.00 P.M. According to the Respondent, he had appeared before the Technical Committee for price bid negotiation on 06.9.2010 and after negotiation, it was agreed to accept the price at Rs.23,000.00 per unit. The bid submitted by the Respondent was accepted at Rs.23,000.00 per unit of Mini Portable Sprinklers Irrigation System. Respondent obtained bank guarantee from State Bank of India, Adyar Branch for Rs.1,15,000.00. Respondent complied with all the tender conditions viz., execution of contract, production of guarantee towards performance security.

(3.) COUNTER :- Appellants resisted the Writ Petition contending that as per the guidelines of the tender for supply of Mini Portable Sprinkler Irrigation System, the performance security of Rs.1,15,000.00 have to be submitted by the bidder within 15 days from the date of receipt of the notice. Though the Respondent received the notice on 21.10.2010, the same was received by the 2nd Appellant only after the lapse of one month i.e. on 23.11.2010. As against 1.8 H.P. Motor, the bidder demonstrated 1.5 H.P. motor which weighs more and no longer a portable one. Since the Respondent did not supply the Sprinklers as per the specifications, the tender was cancelled by the 1st Appellant by order dated 31.12.2010. Appellants have followed the procedure as per the norms prescribed in the tender conditions and there is no deviation on the part of the Appellants to issue a fresh tender notification.