KASANA BUILDERS PVT. LTD. Vs. JAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The matter has come up for consideration on the application being no. 36387/2015 filed by the respondents seeking vacation of the ex parte interim order passed by the Court on 12.06.2015 staying the operation of the order sheet dated 03.06.2015 and the impugned order dated 08.06.2015.

(2.) With the consent of the learned counsels for the parties, the petition is heard finally at the admission stage.

(3.) In the instant case, it appears that the petitioner-firm had submitted the tender before the respondent-JDA for the development of Bagrana Kachhi Basti under Rajeev Awas Yojana, Agra Road, Jaipur, Package 1B (G+3) 816Du's. The technical bid for the said work was opened on 29.09.2014. The respondent-authority after examination of the documents, etc., submitted by the bidders, prepared the evaluation sheet. In the said process, only two bidders i.e. the petitioner and one another had submitted the bank guarantee worth Rs.62,00,000.00 by way of fixed deposit. On 10.10.2014, the respondents directed the petitioner to submit the Vat clearance certificate. The petitioner submitted two Vat clearance certificates, one dated 14.10.2014 and one dated 21.08.2014 allegedly issued by the Dy. Commissioner, Commercial Tax Department Division-II, Noida pursuant to the letter dated 13.10.2014 written by the concerned respondent. According to the petitioner, though he had submitted the requisite certificate, the respondent-authority had taken the decision to forfeit the earnest money by invoking the bank guarantee and to debar the petitioner firm from participating in future for a period of 3 years, as per the order sheet dated 03.06.2015, which is part of Annexure-7.