HESPERIA COMMODITIES PVT LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner, a company registered under the Companies Act having its registered office in Kolkata has filed the present writ application for directions to the Respondent -State to consider its tender which was submitted by it in pursuance of the tender notice dated 16.1.2002 (Annexure -1) for manufacture and wholesale supply of spiced country liquor for the period from 1.4.2002 to 31.3.2005.

(3.) THE petitioner had estimated Rs. 24.77 lacs as estimated cost to be invested as reported in the project report, but it has shown only Rs. 10,50,989/ - only in current account in Oriental Bank of Commerce as on 26.2.2002. The petitioner also filed a certificate for getting short term loan of Rs. 60 lacs from Basanti Finance and investment Company. The certificate dated 25.2.2002 from the Oriental Bank of Commerce, Calcutta merely says that they have been maintaining current account since 2.5.2001 and the account is satisfactory, but financial capacity of the company was not mentioned by the Bank. It was also found that the petitioner -company had submitted a certificate supposed to be issued by the Registrar of the Companies, Calcutta, but this was without letter number and signature of the issuing officer was not at the proper place. Thus, according to the stand of the State, these were the two defects in terms of the tender notice, as a result of which, the case of the petitioner was not considered.