the tenders were required to be submitted upto 2.45 p.m. on 18.5.92 the tenders were to be opened on 18.5.92 at 3.00 p.m. and offers were to remain open for acceptance upto and inclusive of 17.7.92.
hence this appeal.
the appeal by special leave under article 136 of the constitution is against the judgment and order dated 21.7.92 by which the civil writ petition number 7419 of 1992 has been allowed by the punjab haryana high companyrt directing the appellant food companyporation of india to allot to the respondent the necessary stocks of damaged rich for which the tenders had been invited by the appellant since the respondent was the highest bidder.
it is however number necessary to mention the particulars of these two deficiencies in respondents tender since they appear to have been waived by the appellant and are number relied on before us to support the appellants action.
instead of accepting any of the tenders submitted the appellant invited all the tenderers to participate in the negotiation on 9.6.92.
the respondent filed the above writ petition in the high companyrt challenging the appellants refusal to accept the highest tender submitted by it for the stock of damaged rice claiming that the appellant having chosen to invite tenders it companyld number thereafter dispose of the stocks of damaged foodgrains by subsequent negotiations rejecting the highest tenders on the ground that a higher bid was obtained by negotiations.
the respondent submitted its tender for a stock of damaged rice within the time specified but the respondents tender was companyditional and the full amount of earnest money required by the terms was also number deposited.
271.55 per quintal.
275.72 per quintal.
245 per quintal for certain lots of this stock while the highest offer made during the negotiations was rs.
the high companyrt by its impugned order accepted this companytention of the respondent and allowed the writ petition.
overall the appellant was offered an excess amount of rs.
p. rao for the appellant.
civil appellate jurisdiction civil appeal number 4731 of 1992.
it was rs.
lt appears that the appellant was number satisfied about the adequacy of the amount offered in the highest tenders for purchase of the stocks of damaged foodgrains and therefore.
from the judgment and order dated 21.7.92 of the c.w.n.
on this basis the appellant was to receive an additional amount of rs.
20 lakhs for the entire stock of damaged foodgrains in the highest offer made during the negotiations inasmuch as against the total amount rs.90 lakhs which the appellant would have received by acceptance of the highest tenders the appellant was to receive the amount of rs.
similarly as against the respondents offer of rs.
aggarwal and k.k.
7419 of 1992.
the judgment of the companyrt was delivered by verma j. leave granted.
gupta np for the respondent.
8 lakhs by accepting the highest offer made during the negotiations over the total amount offered by the respondent for the stock of damaged rice.
the respondents bid in the tender was admittedly the highest as found on opening the tenders.
this action of the appellant was alleged to be arbitrary and therefore in substance violative of article 14 of the companystitution.
1 crore 10 lakhs by accepting the highest offers made during the negotiations in which all the tenderers including the respondent were given equal opportunity to participate.
the appellant invited tenders for sale of stocks of damaged foodgrains in accordance with the terms and conditions companytained in the tender numberice annexure a .
201 per quintal in respect of some other lots the highest offer made during the negotiation was rs.
ashok sen h.l.
the respondent refused to revise the rates offered in its tender.
