LAWS(BOM)-1997-4-79

NAGINBHAI C PATEL Vs. UNION OF INDIA

Decided On April 17, 1997
Naginbhai C Patel Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) AN unsuccessful tenderer challenges the acceptance of tender by the Union of India of respondent Nos. 2 and 3. The only objection raised and canvassed before us is to the effect that the tender documents, though submitted in an envelope closed by gum, do not satisfy the requirement of the tender being sealed. Dr.Chandrachud, learned counsel appearing on behalf of the petitioner, brought to our notice Condition No.30 of the tender conditions which is as under :- "Unsealed tenders will be summarily rejected."

(2.) DR . Chandrachud also relied upon the decision of the Division Bench of this Court in the matter of Phoolchand Sethi v. Nagpur University & Anr. reported in AIR 1957 Bombay 215. In paragraph 12 of the said decision, the Division Bench observed as under:-

(3.) IN view of our aforesaid interpretation of Condition No.30, we do not find much merit in the submission of Dr.Chandrachud. The Petition is, therefore, summarily rejected.