KAILASH SHARMA Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) PETITIONER is the Branch Manager and authorized representative of M/s Post Control (India) Pvt.

(2.) Limited. Pursuant to notice inviting tender dated 21.4.2005 issued by the Patna Municipal Corporation for supply of Fogging machine/Ultra Low Volume machine, for combating with mosquito menace in the town. Petitioner responded. There were technical discussions, which were held on 9.5.2005. The Technical Committee of the Corporation unanimously approved the purchase of Ultra Low Volume Machine with remote control manufactured in Germany. The Corporation accepted the tender initially for three machines with pending order for four more fogging machines alter evaluating the performance of three machines. As per the said order dated 2.7.2005 the total payment of Rs. 17,04,4000/ - for the three machines were to ho made within one week from the date of supply of machines. It was further ordered that the Company would arrange for installation and training of staff free of cost and the delivery was to be made within one month of the order. The machines had to have a warranty of the Company for a period of one year.

(3.) AFTER receipt of the order on 13.8.2005, the three machines were duly delivered to the Corporation and acknowledged by them. Bills regarding payments were then submitted and received by the Corporation on 22nd August. 2005. Employees of the Company came and gave practical demonstration, of all the three machines and all the three machines were found satisfactory and were accordingly certified by representative of the Corporation also as would be evident from Annexure 4 the letter of the Company to the Corporation bearing endorsement of the representative of the Corporation. Then starts the problem.