MAXIMA TRADERS PVT LTD Vs. STATE OF MP

JUDGEMENT

(1.) They are heard. Petitioner has filed this writ petition against acceptance of bid submitted by respondent No.4. Excise Department invited bids for grant of licences to sell country and foreign liquor at various places including Group No.1 country liquor shop Kamlaganj, Karondi and Foreign liquor shop AB Road Shivpuri. Earlier in two rounds, nobody submitted tenders. Thereafter in third round, respondent No.4 submitted his bid and it was accepted.

(2.) Petitioner challenged acceptance of bid of respondent No.4 on the ground that he wanted to submit his bid and when he had been going to deposit the tender form and amount, persons of respondent No.4 stopped the representative of the petitioner and they had snatched the tender document, hence, the petitioner could not submit his tender. It is further submitted by the petitioner that there was single tender of respondent No.4 and it was below the offset price, hence, it has wrongly been accepted.

(3.) Same facts have been pleaded by respondent No.4. Petitioner, alongwith the writ petition, filed photo copy of a demand draft and pleaded that the petitioner had demand draft and he also had copy of the tender form. In the demand draft ( Annexure P/5) place Shivpuri has been mentioned separately. Apart from this, aforesaid demand draft was issued by the Bank at the instance of Avinash Chalana and Company and not at the instance of the petitioner. Petitioner himself filed copy of the letter dated 25th February, 2014 written by Director of M/s Avinash Chalana and Company to the Chief Manager of State Bank of India. It is mentioned in the aforesaid letter that the demand draft was missing, hence, payment be not made.