KIRLOSKAR BROTHERS LIMITED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Dr. A. K. Saraf, learned senior counsel for the petitioner, Shri U. B. Saha, learned senior counsel for the respondent Nos. 1 to 4. Heard also Mr. M. Raj Sekhar, learned counsel for the respondent No. 5.

(2.) With the consent of the learned counsel for both the parties, the writ petition is disposed of at the motion stage.

(3.) The Executive Engineer, Resource Division, Public Works Department, Government of Tripura, Agartala (Respondent No. 4) floated tender on 3rd July, 1999 for supply of 750 Nos. of 20 HP Pump sets. The petitioner M/s. Kirloskar Brothers Limited and respondent No. 5 M/s. Mather and Platt (I) Ltd. Calcutta along with other persons submitted tender. The tenders were opened on 10th August, 1999. The tender of respondent No. 5 being the lowest has been accepted by the respondents No. 1 to 4. One of the eligibility conditions was sales tax certificate (S.T.C.C.) of current validity (Clause 4 of the tender notice). The respondent No. 5 filed the saidcertificate issued by the Sales Tax Authority, Calcutta. The petitioner's contention is that since the manufacturing factory of the respondent No. 5 is at Pune, the sales tax certificate (S.T.C.C.) ought to have been obtained from the Sales Tax Authority, Pune, as such when the tenders were opened, the tender of respondent No. 5 was incomplete for want of requisite eligibility certificate and, therefore, the same is liable to be rejected. That is the bone of contention between the parties in the present writ petition.