INDIAN HAIR INDUSTRIES LTD Vs. TIRUMALA TIRUPATI DEVASTHANAMS

JUDGEMENT

(1.) The action of Tirumala Tirupati Devasthanams (for short, 'T.T.D.'), Tirupati, in issuing Short Tender Notice, dated 23.03.2011 for disposal of six varieties of human hair and allotting tender quantities as well as additional quantities to the successful bidders is under challenge in all these writ petitions.

(2.) Under the impugned Short Tender Notice, dated 23.03.2011, sealed tenders were invited by T.T.D. for disposal of six (6) varieties of human hair specifying the minimum quantity to be quoted for each variety. The upset price for each variety was also specified and 2.5% of the respective upset prices was fixed as minimum deposit to be paid for each variety. As per Condition No. 11 of the Tender Notice, the T.T.D. is entitled to allot the remaining tender quantity of all varieties of human hair to the tenderers that have taken part in the tender on a written request made by them for the said quantity at the rates approved by T.T.D. As per Condition No. 12, the bidder/tenderer has to pay 20% cost of the additional quantity allotted under Condition No. 11 as deposit on the price quoted by him within seven days from the date of his requisition, failing which the request for such allotment will be cancelled and the bidder will be blacklisted for a period of five years. Condition No. 12 further provided that the balance 80% cost for the additional quantity shall be paid within 30 days from the date of confirmation orders and the delivery shall be taken failing which 20% amount paid as deposit for additional quantities would be forfeited.

(3.) Pursuant to the impugned Short Tender Notice, dated 23.03.2011, thirteen (13) tenderers have participated. The tenders were opened on 31.03.2011 and after finalizing the same, allotment letters, dated 7.4.2011 were issued to the successful bidders communicating the tender quantities as well as the additional quantities allotted to them and calling upon them to pay the balance amount within 30 days from the date of the said orders. So far as additional quantity is concerned, it was made clear that in the event of failure to pay the balance amount within 30 days, the deposit amount of 2.5% paid by them would be forfeited.