POWER TOOLS AND ENGINEERING Vs. STATE OF ASSAM

JUDGEMENT

(1.) CHALLENGING the action of the official respondents, the writ petitioner has raised a question in the instant writ petition, as to whether the tender of the respondent No. 4 can be accepted subsequently on withdrawing from participation in the quotation and if the answer is in the negative then the contract is to be issued in favour of the petitioner being the next lowest valued tenderer.

(2.) HEARD Mr. AC Borbora, learned Sr. counsel assisted by Mr. M Smith, learned counsel appearing for the petitioners. Also heard Mr. BJ Talukdar, learned State counsel appearing for respondent Nos.1 and 2, Mr. BD Das, learned Sr. counsel assisted by Mr. HK Sharma, learned counsel appearing for respondent No.4.

(3.) AS scheduled, the quotation alongwith the accompanying documents were opened by the respondents in presence of all the participants. However, out of six competing quotations offered by the bidders, three were cancelled for not complying with the terms of the NIQ and contract documents. The rest three were in the fray which includes respondent No.4 (who offered lowest rate), the petitioner (second lowest) and Satpal Industries (third lowest). The Purchase Committee thereafter, after completing all the formalities as required, in its meeting held on 02.02.2011 had accepted the rate offered by the private respondent No.4 being the lowest rate. However on 04.02.2011 the private respondent No.4 issued a communication to the respondent No.2 seeking for withdrawal their participation in the aforesaid quotation and release of Bid Security of Rs. 13,00,000/-. The ground of withdrawal from the participation as communicated would reveal that due to part renovation of their factory, they will not be able to supply 50,000 numbers of T-5 Fluorescent street light luminaries suitable for 2X28 Watt Tube, if order placed in favour of them.