VAISHALI FLOUR MILLS Vs. FOOD CORPORATION OF INDIA, HAVING ITS OFFICE SITUATED AT REGIONAL OFFICE WITH

JUDGEMENT

(1.) Since in all these writ applications there are common questions of law and fact, therefore, they have been heard together and are being disposed of together by a common order.

(2.) Minor variation in facts with regard to quantity of purchase and payments, which have been made by these petitioners to respondent Food Corporation of India, does not alter the basic questions of law, which have been raised at the bar.

(3.) Respondent FCI, a Government of India Enterprise, issued a tender notice dated 26.12.2008. This was for open sale of wheat to bulk consumers under what is known "Open Market Sale Scheme". The reserved price for the stock on offer was fixed at Rs. 1096.21 per quintal. Tender papers could be obtained up to 5th of January, 2009 and they had to be submitted by 6th of January, 2009. Technical bid was to be opened on 6th of January at 3 PM. The tender notice is Annexure-1 and dated 26.12.2008. The other details and the terms and conditions of the tender is Annexure-2 to the writ application. All those persons who wanted to participate in the tender, had to deposit 10% of the cost of stock intended to be purchased as earnest money and successful tenderers thereafter were required to deposit 25% of the cost of the stock, of intended purchase as security money within five days. If there was failure to deposit the security money it would result in forfeiture of earnest money.