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2007 DIGILAW 1460 (PAT)

Shivam Planner And Construction Private Limited v. Union Of India

2007-09-05

MRIDULA MISHRA

body2007
Judgment 1. The petitioner is a Class I registered contractor. In response to notice inviting tenders for development of State highways under R. S.V.Y. Project. Petitioner had submitted his proposal for different packages including package no. 1. The work was allotted to the petitioner. He had to submit performance guarantee in the shape of bank guarantee for a sum of Rs. 2.52 crores. The bank guarantee submitted by the petitioner was found forged and the Executive Engineer vide letter dated 9.5.2007 directed the petitioner to deposit a sum of Rs. 47.6 lacs as bank guarantee, but it was not submitted. 2. Earlier petitioner had come before this Court in C.W.J.C. No. 6411 of 2007 for almost similar relief which was dismissed giving liberty to the petitioner to pursue his representation before the respondents. 3. From the counter affidavit it transpires that the petitioner after dismissal of the writ application did not approach the respondents as such there was no reconsideration. Interlocutory application has been filed by the respondents for vacating the order of stay. It has been stated that the petitioner submitted forged bank guarantee, for which notice was given to the petitioner for depositing earnest money within seven days. The petitioner requested for six weeks time, since there is no provision in the contract agreement for extension of more than seven days time. It was not allowed, time limit for extension is prescribed at page no. 12 of NIT and extension to this limit was allowed to the petitioner. Even after dismissal of the writ application the respondents were ready to consider the case of the petitioner, but he did not approach. Thereafter fresh tender for the work were invited and the same was scheduled to be opened on 22.6.2007, only due to order of stay granted by this Court, matter could not be finalised. 4. Considering all these facts I do not feel inclined to interfere in the matter. This application is dismissed. The respondents now can proceed with fresh tender which has been invited for this work.