LABA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHETHER "the Call Deposits" from Guwahati Co-operative Urban Bank (for short, 'the Bank') in respect of submission of tender despite the specific condition for submitting the earnest money by way of nsc/kvp or by Fixed Deposit Receipt (FDR), term Deposit Receipt (T. D. R.)/guarantee bond of a Nationalized Bank can be accepted by the State Authority as an earnest money, is the limited and short question to be answered in this writ petition.

(2.) IN the instant case "call Deposits" from the Bank were submitted by the petitioners as earnest money along with their respective/separate tenders for settlement of a contract as regards the supply of dietary and other articles under different groups to various jails particularly, to the Superintendent district Jail, Mongaldoi and to the Superintendent Central Jail, Guwahati. However, the State Authority rejected all such "call deposits" as earnest money being violative of the specific terms and conditions of the notice Inviting Tender (for short, "the NIT" ).

(3.) IN the backdrop of this sole issue raised before this Court, this Court has to now consider the arguments so advanced by the learned counsel for the contesting parties.