JAIN CONSTRUCTION COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the revision petitions have been filed against the order dated 2. 9. 2000 passed by the Additional District Judge No. 2, Ajmer by which order the order passed by the trial Court on 17. 8. 2000 on the application filed under Order 39 Rule 1 and 2 CPC have been reversed holding therein that the plaintiff petitioner was not entitled for any interim order pending the civil suit.

(2.) THE petitioner plaintiff was one of the applicant applying for tender for construction of Satellite Hospital at Adarsh Nagar, Amer as per the advertisement dated 11. 5. 2000. THE tender forms could be purchased from the office from 10. 6. 2000 to 24. 6. 2000 and submitted upto 26. 6. 2000 when the technical bid was to be opened at 4. 00 p. m. It was the requirement of the tender that the applicants were to purchase book-lets containing the details required to be filled up in the shape of two booklets called `technical bid' and the `financial bid'. THE Technical bid and the Financial bid booklets contains the instructions in regard to experience and documents to be attached along with the tender. Technical bid was to be opened on 26. 6. 2000 at 4. 00 p. m. and if the technical bid submitted by the applicants were to be found in order, the other part of the bid i. e. Financial bid was to be opened on 3. 7. 2000. Initially the tender was for the approx. cost of the construction of Rs. 138 lacs with ernest money of Rs. 2. 76 lacs. It was mentioned in the advertisement that 0. 5% was to be deposited as ernest money by the registered contractors of the Government and the applicants shall be bound by the conditions as mentioned in RPWA 100.

(3.) ALONG with the suit, an application under Order 39 Rule 1 and 2 C. P. C. was also filed. The trial court after going through the various submissions made by the parties had granted the application under Order 39 Rules 1 and 2 CPC with a direction that the petitioner and other plaintiffs in other suits be considered in opening the Financial bid of the plaintiffs. For the reasons that the Technical bid was rejected, therefore, the department had not thought it proper or fit to open the Financial bid of the plaintiffs as as per the department instructions the Financial bid is to be opened only if the Technical bid is found to be in order. It was observed by the trial court in its order dated 17. 8. 2000 that as per the submission made by the plaintiffs in the suits including the suit of the petitioner, it had been averred that they had already attached the required documents of Income tax and Sales tax clearance in the booklet of the Financial bid. It was also further observed by the trial court that in case this submission is found to the incorrect after opening the Financial bid of the plaintiffs including the petitioner, they can be penalised as per law by deducting Rs. 30,000/- from ernest money of each of the plaintiffs.