ESSEM ENTERPRISE Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is primarily for getting a refund of the earnest money deposited by a bidder in respect of a tender where he participated. The affidavits have been completed and it appears from the same that the basic facts are not in dispute, for which the money claim has been made. In fact that is why, instead of throwing out the writ petition at the threshold, I have chosen to hear it on merits.

(2.) The construction of underground drainage system on P.C connector from Gobindo Khatick Road to I.T.C Sonar Bangla was tendered time and again but for one reason or the other, each notice inviting tender was ultimately cancelled. The petitioner participated in each of these tenders. Ultimately the tender was again floated on August 16, 2016. The present petitioner submitted his bid on September 8, 2016, which was also the last date of submission of the financial bid. The technical bid was opened on September 13, 2016 and the financial bid was opened on October 20, 2016.

(3.) Clause 13 of the notice inviting tender is as follows: -