Thereafter by a letter dated February 28, 1970, it called upon all the tenderers to intimate to the Government whether they were willing to reduce their rate and if so, to what extent.
5 quoted the price at 95 P. per London proof litre.
Another tenderer namely Rampur Distillery and Chemicals Company Ltd. offered the lowest rate of 60 P. per London proof litre.
431 of 1970.
None of the tenderers excepting the 5th respondent was willing to reduce the rate quoted by them.
The Government was number satisfied with any of the tenders.
226 of the Constitution to quash the Government Order granting the companytract to the 5th respondent and for issuing a direction to the companycerned respondents number to give effect to the impugned order.
The Government reduced the rate fixed by Respondent No.
The Managing Director of Respondent No.
Appeal by Special Leave from the, judgment and order dated December 16, 1971 of the Assam and Nagaland High Court in Civil Rule No.
Respondent No.
Under a companytract entered into between it and the Government of Assam, it had the exclusive privilege of supplying companyntry spirit to the two warehouses in the District of Lakhimpur for the period from July 1, 1967 to March 3, 1970.
They were required to send their replies by March 10, 1970.
CIVIL APPELLATE JURISDICTION C.A. No.
K. Daphtary and D. N. Mukherjee, for the appellant.
Aggrieved by this decision, the appellant moved the High Court of Assam and Nagaland under Art.
He agreed to accept the rate fixed by the Government.
N. Chowdhury, for respondent Nos.
1 to 4.
Sometime before that companytract came to an end, the Commissioner of Excise, Assam invited tenders in sealed companyers for the privilege of supplying the, companyntry spirit to, retail vendors in the Upper Assam area companyprising of the District of Lakhimpur and Sibsagar including Mikir Sub Division of the United Mikir and North Cachar Hills for the period of three years companymencing from April 1, 1970.
15 of 1972.
In the numberification issued by the Commissioner, it was stated that preference will be given to the manufacturers, of the spirit.
The tender of Rampur Distillery and Chemicals Co. Ltd., was found to be defective and therefore it was rejected.
The appellant is a Public Limited Company.
5 for wholesale supply of companyntry spirit to Tinsukia and North Lakhimpur warehouses for three years from July 1, 1970 to June 30, 1973.
The Judgment of the Court was delivered by Hegde, J. In this appeal by special leave the appellant challenges the decision of the High Court of Assam and Nagaland in refusing to set aside the order of the Assam Government dated June 16, 1970 granting a companytract to Respondent No.
5, by his letter dated March 4, 1970 informed the Government that his companycern was willing to reduce the rate and he left it to the Government to fix any rate which it companysidered reasonable.
C. Setalvad and K. P. Gupta, for respondent No.
5 to 74 P. per London proof litre and accepted its tender.
In pursuance of the tender numberice, the appellant, the 5th respondent and several others submitted tenders for the grant of the companytract in question followed up by necessary licences.
The appellant offered to supply the spirit at 74 P. per London proof litre.
Hence this appeal.
