RAGHUVEER VIDEO VISION PRIVATE LIMITED AMEERPET HYDERABAD Vs. ANDHRA PRADESH ELECTRONICS DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) The 1st petitioner and the 3rd respandent herein and some others submitted tenders for supply of 89,000 recorded video cassettes in respect of Tender No. 2/90/VC.MD/AVP/RVC in pursuance of the tender notice issued by the 1st respondent herein which was published in the Telugu daily 'Ecnadu' of 24-7-1990 inviting sealed tenders in the forms to be purchased at the rate of Rs. 25/- per each form the 1st respondent. The said contract was awarded by the 1st respondent to the 3rd respondent. The petitioners seek a Writ of Mandamus or any other appropriate Writ, direction or - Order, declaring the said action of the 1st respondent in awarding the contract of supply of 89,000 recorded video cassettes in pursuance of Tender No. 2/90/VC.MD/AVP/RVC to the 3rd respondent as illegal and void and also to direct the 1st respondent to award the said contract to the 1st petitioner. The 2nd petitioner is the Managing Director of the 1st petitioner company.

(2.) The main contention raised by the petitioners in this Writ Petition is that the 3rd respondent did not comply with condition No. 10 of the conditions mentioned in the letter dated 23-7-1990 from the Vice-Chairman & Managing Director of the 1st respondent-corporation attached to the tender forms in respect of tender No 2/90/VC&MD/AVP/RVC. The said condition No. 10 is as follows :- 10. Earnest Money Deposit: (a) The earnest money deposit of Rs. 50,000/- (Rupees fifty thousand only) should accompany each tender in the shape of Crossed Demand Draft only, drawn in favour of Andhra Pradesh Electronics Development, Corporation Limited, payable at Vijayawada. (b) "Small Scale Industries" registered with the Director of Industries, specifically for taking up the job mentioned in these schedules and Government Centres, workshops and Training cum Production Centres, Societies under Self Employment Schemes of Government of Andhra Pradesh who have the capability are exempt from payment of EMD stipulated above in respect of the area of their operations specified in such registration etc. provided they enclose attested copies of the Registration Certificates issued by the Director of Indusiries, and/or Government Directives exempting them from payment of such EMD. However such fexemption does not bestow any right on them for selection and the decision of APEDC Limited is final and binding. A tender which is not accompanied by the earnest money in the manner specified at (a) above or, where exemption claimed, the documents specified at (b) above will be summarliy rejected". The petitioners contend that the 3rd respondent did not furnish the earnest money deposit of Rs. 50,000/- nor any attested copy of the registration certificate issued by the Director of Industries showing that the 3rd respondent was registered as a small scale industry specifically for taking up the job covered by the tender in question.

(3.) As regards this allegation of the petitioners herein, in the counter affidavit filed by the 3rd respondent, it is stated :