Respondent issued an Advance
Purchase Order [hereinafter referred to as 'APO'] in favour of the
Petitioner. The said APO stipulated that it would ... Petitioner conveying
their acceptance to the terms of the APO and providing a Performance Bank
Guarantee [hereinafter referred
lowest bidder and accordingly, an advance purchased order i.e.
APO No. MMS/SE/APO/201112/89 dated 15.07.2011 ('APO ... acceptance along with performance security within 14 days
from the issuance of APO. The respondent furnished two
performance bank guarantees i.e. BG No. 08701GPER007911
2000.
2.4. Thereafter, the respondent issued Advance Purchase
Order (APO) dated 26/08/2000 for supply of 780
kms. at the unit price ... cable kms.
This APO was a counter-offer which was not in
terms of the offer of the petitioner. The petitioner
had offered price
respondent
which reads as under:-
"A.P.O. NO CT/APO/028/96-97 Dated 20.9.96
File No.: 80-6/96 MMC/OPTEL ... period of 20 days from the date of placement of
this APO. In case unconditional acceptance of the APO
along with performance bank guarantee
before the Hon'ble Division Bench of this
Court being APO No. 398 of 2017 (State of West Bengal & Ors. -versus-
Bharat Vanijya ... Eastern Private Limited) and APO No. 419 of 2017 (Bharat
Vanijya Eastern Private Limited -versus- The State of West Bengal). The
Hon'ble Division
JUSTICE SANJIB BANERJEE
And
The Hon'ble JUSTICE KAUSIK CHANDA
APO No. 349 of 2017
GA No. 2170 of 2017
with ... STATE OF WEST BENGAL
-VERSUS-
BHARAT VANIJYA EASTERN PRIVATE LIMITED
And
APO No. 398 of 2017
GA No. 2806 of 2017
with
Mukerji
Bench: I. P. Mukerji , Md. Nizamuddin
OD-3
ORDER SHEET
APO No.441 of 2017
With
AP No.218 of 2006
IN THE HIGH ... Saugata Banerjee, Adv.
The Court : The appeal of the appellant (APO 356 of 2016 arising
out of AP 218 of 2006) is pending
opened on 30.04.1998 and an Advance Purchase
Order [In short 'APO'] was issued to the Plaintiff on
26.10.1998 stating that the supply shall ... completed within 4 months from the date of issue
of APO, for which, the Plaintiff has given its
unconditional and unequivocal acceptance of the
subject
requested for the photocopies of all letters and notesheets pertaining to an
APO and requested the following:
i) T.E. No.MM/HR-NIT/2006 ... dated 19.10.06 opened on
21.11.06
ii) APO No.MM/HR-2011/PVC Twin/Tender/2006/07/77 dt.2.1.08 on
Surya Cables
JUSTICE T. S. SIVAGNANAM
&
THE HON'BLE JUSTICE HARISH TANDON
APO NO.95 OF 2021
Arising ... case of M/s.
Satyen Construction vs. State of West Bengal (APO 77 of 2020)
passed on 6th October, 2020 wherein it is held that
