INDORIA TRADERS Vs. TAMILNADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE prayer in the writ petition is to direct the respondents 1 and 2 to accept the tender of the petitioner being the highest offer in respect of lot numbers 15,16 and 19 of tender Notification dated 25. 5. 2006 after rejecting the tender offered by the 3rd respondent on the ground that condition No. 6 (d) of the Conditions was not fulfilled.

(2.) THE writ petitioner and the 3rd respondent are among the 23 tenderers participated in the tender dated 25. 5. 2006 invited by the first respondent for selling of scrap in respect of lot Nos. 15, 16 and 19. THE 3rd respondent was the highest bidder who has offered rs. 40 lakhs. Next to the 3rd respondent, the petitioner herein has offered rs. 31 lakhs. Originally, the 3rd respondent's tender was not accepted on the ground that he has not enclosed the TNGST/cst Registration certificate, which is one of the conditions in the Tender Notification. However, the same was condoned, since he offered Rs. 40 lakhs. Aggrieved by the said act of the respondents 1 and 2, the above writ petition has been filed.

(3.) CONSIDERING all those facts, this Court is of the view that the 1st respondent Board can go for a fresh tender fixing the upset price at Rs. 40 lakhs. In order to protect the interest of the Board, the petitioner and the 3rd respondent can be directed to deposit 25% of Rs. 40 lakhs within a period of two weeks from today and the amount already paid by them towards EMD, if any, shall be adjusted. The learned counsel for the petitioner as well as the learned senior counsel for the 3rd respondent agrees for the said proposal. Hence, the below mentioned order is passed : "1. The petitioner and the 3rd respondent are directed to deposit Rs. 10 lakhs within a period of two weeks from today. The amount already paid by them towards EMD, if any, shall be adjusted. 2. The 1st respondent Board is directed to call for a new tender by making advertisement in routine manner fixing the upset price of Rs. 40 lakhs so that the other persons can also participate. The petitioner and the 3rd respondent are at liberty to participate in the tender without paying EMD. 3. In case, no other person or persons participate except the petitioner and the 3rd respondent, the highest amount offered among them can be considered, provided they are otherwise eligible. In such an event, the unsuccessful among them is entitled to refund of the amount deposited. 4. The 1st respondent Board is directed to complete the said exercise within a period of two months from the date of receipt of a copy of this order. &quot ; The writ petition is disposed of in the above terms. No costs. Consequently, connected M. P. is also closed. .