RONIX POLYMER PVT LTD Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Both these writ petitions arise out of an agreement entered into between the parties for supply of UPVC pipes during the year 1996- 97 and both these writ petitions having been heard analogously I proceed to dispose of both these writ petitions by this common order.

(2.) I have heard Mr. A. Choudhury, the learned senior counsel appearing on behalf of the petitioner and Mr U.B. Saha, the learned Government Advocate appearing on behalf of the Respondents.

(3.) To appreciate the contentions canvassed at the bar by the learned counsel for the parties the facts material for the purpose may shortly be stated as under:- The petitioner viz. Ronix Polymer Pvt. Ltd., which is a company within the meaning of Companies Act, 1956 entered into a works contract with the Government of Tripura for supply of UPVC pipes of different diamentions for the Public Health Engineering Works during the year 1996-97. The tender notice was issued on 16.10.96 being tender No.4 EE/RD/96-97. The date of opening the tenders was specified as 22nd November, 1996. The tenders were duly opened and the tender submitted by the petitioner was accepted. The supply of the UPVC pipes were also completed within the period starting from 28.3.97 and 30.3.97. The dispute arose as the UPVC pipes which were supplied by the petitioner were rejected by the respondent No.3 i.e. Executive Engineer on the ground that most of the pipes which were supplied by the petitioner had ho DGS&D inspection mark on their bodies and that the pipes which were supplied were very old and discoloured.