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2013 DIGILAW 773 (HP)

BALDEV KUMAR v. STATE OF H. P.

2013-08-27

A.M.KHANWILKAR, KULDIP SINGH

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JUDGEMENT A.M.KHANWILKAR, C.J. - 1. HEARD counsel for the parties. 2. THE petitioner participated in the tender process and was declared to be the highest bidder. Contract was also awarded to the petitioner. However, the petitioner failed to comply with the condition specified in Clause 13 of the tender document. The said condition reads thus: "13. The approved Contractor shall deposit 100% of the bid money before taking over the possession of the Parking places within 07 days from the date of issuance of contract and award of work failing which the contract shall be cancelled, the security deposited in the shape of FDR shall be confiscated and the contract/work awarded may be offered to the next highest bidder. The possession of the premises shall only be given after the deposition of bid money in full." The petitioner, in stead, requested the Authorities to permit the petitioner to pay the 100% of the bid money in four equal installments. The petitioner paid the first installment of 25% of the bid money amount. However, as the petitioner failed to pay the second installment, the Authority invoked the power of cancelling the contract in terms of the aforesaid condition No. 13 and informed the petitioner accordingly vide letter, dated 27th April, 2013, which reads thus: of REGISTERED TIME BOUND DR. RAJENDRA PRASAD GOVT. MEDICAL COLLEGE KANGRA AT TANDA NO.HFWH(DRPGMC)PARKING/148991 DATED:27/4/2013 To Sh. Baldev Kumar S/O Sh. Chamaru Ram Suraj Kund Road Ward No. 4 Kangra Tehsil and Distt. Kangra. Subject: Regarding parking place. Sir, Reference your application No. nil dated nil regarding parking place at Dr. R.P. Govt. Medical College Kangra at Tanda vide which you have pointed out the deficiency even after a lapse of four months with regard parking place No. 1, 2 and 3. Moreover at the time of when your second installment of 25% of total bid money is due w.e.f. 10th April, 2013. In this connection you are advised to work as per terms and conditions of the tender and deposit 25% of the total bid money within two days failing which your EMD shall stand forfeited and you will be blacklisted. Sd/ Medical Superintendent Dr.R.P.Govt. Medical College Kangra at Tanda. 3. NO fault can be found with the said action of the Authority. Sd/ Medical Superintendent Dr.R.P.Govt. Medical College Kangra at Tanda. 3. NO fault can be found with the said action of the Authority. As a matter of fact, condition No. 13 stood relaxed to the extent of permitting the petitioner to pay the 100% of the bid money amount in four equal installments. As per the original condition, he was required to pay 100% of the bid money amount within seven days from the date of issuance of contract. 4. THE grievance of the petitioner is that possession of the parking lots was not made over to the petitioner. Even this grievance cannot be sustained in view of the last line in condition No. 13, which clearly postulates that possession of the premises shall be given only after the contractor deposits bid money amount in full. The petitioner apprehends that his 25% bid money amount deposited by way of first installment will be forfeited. From the communication sent to the petitioner, there is nothing to indicate that the said amount will be forfeited. The communication clearly states that failure to deposit second installment in time may entail in forfeiture of EMD amount. No more and no less. In other words, this apprehension of the petitioner is misplaced. Petition is devoid of merits. Hence, dismissed. 5. AT this stage, counsel for the petitioner submits that the blacklisting of the petitioner is a drastic action to be taken by the Authorities. We are not impressed by this grievance at all. For, that was one of the conditions in the tender document, which is already reproduced in the earlier part of this order. The said condition has not been challenged being invalid or ultra vires. As long as the said condition prevails and considered to be permissible and reasonable, no fault can be found with the Authorities in blacklisting the petitioner for having failed to pay the bid amount in full on awarding the contract in terms of condition No. 13 of the tender document. 6. NO other contention is raised before us. Petition is devoid of merits. Hence, dismissed, so also the pending application(s), if any.