KEC INTERNATIONAL LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE.

(2.) LEARNED Counsel appearing for the respective respondents waive service. By consent, Rule made returnable forthwith and taken up for final hearing.

(3.) THE petitioner is a Company registered under the provisions of the companies Act, 1956. According to the petitioner, it is one of the largest Power transmission EPC companies in the world. The respondent No. 3 on 2nd July, 2007 issued notice inviting tenders being Tender No. CE/dspc/gfss-H-T-1/07-08 in respect of Gaothan Feeder Separation Scheme - II to be implemented in seven zones and consequently they invited the bids. The petitioner responded and submitted its tender to the said respondent together with demand drafts towards bid security as contemplated under the terms and conditions of the tender. On 28th August, 2007, respondent No. 3 wrote a letter to the petitioner seeking certain clarification from the petitioner in relation to certain lacuna in compliance to the conditions of the tender. On 30th August, 2003, respondent No. 3 addressed a letter to the petitioner asking for tender fees of Rs. 25,000/- per lot, in cash, and informed the petitioner that the demand drafts submitted by the petitioner by way of tender fees when presented for payment to the concerned bank were returned unpaid by the bankers. Taking a note of this, on 3rd september, 2007 the petitioner deposited the said amount and also submitted further clarification. The representative of the petitioner along with the Banker's representative met respondent No. 2 and provided all requisite clarifications along with supporting documents on 5th / 6th September, 2007 and even made payment of tender fees in cash which was accepted by the said respondent. However, on 8th July, 2007 the petitioner received the following letter : <FRM>JUDGEMENT_426_MHLJ2_2008Html1.htm</FRM>