HELPLINE ADVERTISING SERVICES Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner-M/S Helpline Advertising Services bid in response to Jammu Municipal Corporation s NIT for privatization of display of Outdoor Advertisements like hoardings, kiosks, Unipoles etc within the Jammu Municipal Corporation Limits of Municipal Ward Nos. 1 to 48, having been found the highest, a Letter of Intent was issued to it by the Municipal Corporation vide No.JMC/RB/267-68 dated 03.09.2009 to deposit the first year s License Fee of Rs.1,55,00786/- within seven days.

(2.) The petitioner did not deposit the amount within the stipulated period. Instead, after the expiry of the statutory period, it informed the Commissioner, Jammu Municipal Corporation vide its Communication Ref. No.HLAS/09-167/ dated 11.09.2009 regarding deposit of cheque for Rs.70 Lac (Rupees Seventy Lac), adjustment of EMD of Rs.10 Lac (Rupees Ten Lac) towards the License Fee for the first year of the Contract and additionally saying that rest of the amount would be deposited soon after all illegal hoardings, pole-kiosks etc were removed.

(3.) Finding that the first year s License Fee was not deposited within the stipulated period of seven days in lump sum despite Corporation s informing it even by telephone, Corporation rejected the petitioner s bid inviting the second highest bidder to execute Contract with the Corporation. This was done vide Corporation s order No.JMC/RB/294-96 dated 14.09.2009. The Contract was later allotted to M/S Selvel Media Service Pvt. Limited-respondent No.6.