KALIMATA VYAPAAR PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M Biswas, the learned counsel appearing on behalf of the petitioner. Mr. SK Medhi, the learned CGC appears on behalf of the respondents.

(2.) The present writ petition has been filed challenging the communication dtd. 18/7/2022, whereby the respondent authorities, more particularly, the respondent No.3, had terminated the contract with a penalty of 10%. For the purpose of deciding the dispute, this Court finds it pertinent to take note of the relevant facts, which led to the filing of the present writ petition.

(3.) A perusal of the records reveal that the respondent authorities had issued a Notice Inviting Tender (NIT) on 6/12/2021 inviting bids for the purpose of manufacture and supply of Elastic Rail Clip (for short, ERC) Marked-V as per RDSO' Drg.No.T-5919 confirming to IRS Specification for ERC T-31-2018 (Fourth Revision) and as amended up to date of opening. The said NIT had various clauses. For the purpose of the instant writ petition, it is pertinent to take note of some of the clauses. Clause 1.1 of the Instructions to the E-Tenderers stipulates that the tenderers have to carefully go through the instructions and all conditions as mentioned in paragraph 1.3 and 1.4 appended therein and by submitting the quotation, they undertake to abide by all types of conditions at paragraph 1.4. It was also stipulated that the tenderer's digital signature on the e-Tender form will be considered as their confirmation, unless specific deviation is quoted in the techno commercial offer form. The said Clause 1.1 of the Instructions to E Tenderers being relevant is reproduced hereinunder: