SRB TRANSPORT Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C) No.2430 of 2022 has been filed seeking following reliefs:

(2.) Essentially, in the above noted three writ petitions, the petitioners seek to quash the letters/ orders, whereby the Letters of Acceptance issued in their favour have been cancelled, and to issue direction to the opposite parties to allow the petitioners to execute the works for the entire period as per their respective tender documents. Therefore, these three writ petitions are heard together and disposed of by this common judgment, which will govern all the cases.

(3.) For the sake of convenience, brevity and better appreciation, the facts of W.P.(C) No.2430 of 2022 are taken into consideration, according to which, opposite party-Indian Oil Corporation Ltd. (IOCL) floated a tender on 1/7/2021 inviting bids for the work "Road Transportation of Bulk Petroleum Products by bottom loading tank trucks at Jharsuguda terminal". The petitioner in the said writ petition, having satisfied all the terms and conditions of the tender, submitted its bid through online on 24/7/2021. In compliance of the tender conditions, the bid was opened on 27/7/2021. On 2/11/2021, the technical bid was accepted, and thereafter financial bid was accepted. As the petitioner was declared L-1 by opposite party no.4 on 15/11/2021,letter of acceptance was issued on 19/11/2021. Opposite party no.4 communicated the same to the petitioner by e-mail and on 4/12/2021, after the contract was executed, it was called upon to furnish the security deposit of Rs.50,000.00 within 15 days from the date of letter of acceptance and to execute the agreement. Thereafter, the petitioner on 7/12/2021 submitted security deposit in the shape of demand draft, which has duly acknowledged by the authority. After submission of required security deposit, agreement was executed on 7/12/2021 between the petitioner and opposite party no.4. Pursuant to such agreement, opposite party no.4 vide e-mail dtd. 10/12/2021 intimated the petitioner for physical inspection of Tank Truck before 19/12/2021. In response to said e-mail, petitioner on 16/12/2021 intimated that its 9 (nine) nos. of Tank Trucks were ready for verification and sought permission to physically place all the ready built Tank Trucks at the location (Jharsuguda Terminal) for physical inspection on 19/12/2021. At this point of time, opposite party no.4,vide e-mail dtd. 18/1/2022, cancelled the letter of acceptance issued to the petitioner on 19/11/2021, which is the subject matter of challenge in W.P.(C) No.2430 of 2022. The facts of W.P.(C) No.2920 of 2022 and W.P.(C) No.2160 of 2022 are almost similar to the facts of W.P.(C) No.2430 of 2022, as therein cancellation of Letter of Acceptance is also the subject matter of challenge.