Calcutta High Court (Appellete Side)
Skipper Limited & Anr vs Irrigation And Water Resources ... on 12 December, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
13.12.2018.
sd. Ct. 15. W.P. No. 24284 (W) of 2018
Skipper Limited & anr. vs. Irrigation and Water Resources Department &
Ors.
Mr. J. Chowdhury
Ms. R. Kajaria
Mr. D. Sarkar .. For the petitioners
Mr. A.K. Paul ..For the respondent no. 4.
Affidavit of service filed in court be kept with the record. In spite of service no one appears on behalf of the respondents except the respondent no.4.
Mr. Chowdhury learned advocate for the petitioner submits that responding to a notice inviting e‐tender the petitioner no.1 submitted its bid on 29th May 2018. The period of validity of the bid was for a period of three months from 1st June, 2018. The petitioner no.1 was, however, not intimated about the acceptance of its bid within the said validity period. Subsequent thereto, the respondent no.3 by a letter dated 1st October 2018 intimated that the bid submitted by the petitioner no.1 has been accepted by the authorities. Immediately thereafter by a letter dated 11th October 2018, the authorities were asked to withdraw such acceptance of offer. However, by a letter dated 26th October, 2018 issued by the respondent no.3, the petitioner no.1 was threatened of initiation of action invoking clauses 28.3 and 29.2 of the instructions to bidder.
Prima facie it appears that the acceptance of the bid submitted by the petitioner no.1 was after the expiry of the validity period as specified in the tender documents.
In view thereof, there shall be an interim order restraining the respondents from taking any coercive step against the petitioners till the end of January, 2019 or until further orders which was earlier.
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List this matter for further consideration under the same heading in the daily supplementary list of this Court on 21st January 2019.
The petitioner is directed to intimate this order to the non‐appearing respondents within a week from date and to file an affidavit of service on the returnable date.
(Tapabrata Chakraborty, J.)