TATA MOTORS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The matter has been heard via video conferencing.

(2.) The petitioner has filed this petition for issuance of writ in the nature of mandamus to direct the respondents to pay the admitted outstanding amount due towards supply of 119 units of TATA 3 CuM Tipper on LPK407Ex/27 BS IV vehicles, which were purchased from the petitioner. It appears that Bid No. GEM/2018/B/117955 dtd. 12/11/2019 for supply of 119 units of TATA 3 CuM Tipper on LPK407Ex/27 BS IV vehicles was issued by the Patna Municipal Corporation(hereinafter referred to as "the Corporation"). The petitioner was successful in the bid and became L1 bidder. Consequently, the order was placed upon the petitioner Company for supply, delivery, testing, training and successful commissioning of 119 units of TATA vehicles.

(3.) Thereafter, a contract was also drawn up in between the parties and circulated on the website of respondent no. 2. In terms of the Agreement dtd. 24/1/2019, payment had to be made to the petitioner within 15 to 30 days of the final submission of the Bills but despite lapse of considerable period, the outstanding amount of Rs.12,68,50,516.00 was not paid by the Corporation.