Appu Food Products vs The State Of Tamil Nadu
(viii)Allied Integrated Society v. The State (NCT Delhi) [2018 SCC
Online Del.9472]
10.2 The learned Senior Counsel further contended that when the
tender document does not stipulate that an agreement with the vendor of
the eggs should be submitted along with the tender document and the
agreement furnished by the petitioner was only an additional document to
establish its bona fides to supply eggs punctually and promptly, the
second respondent ought not to have rejected the petitioner's bid on the
ground that the agreement of the petitioner with vendors of the eggs was
only for a period from 01.05.2016 to 30.04.2019 and it falls short of three
months for the tender period i.e., 31.07.2019. The learned Senior
Counsel also contended that the petitioner has not filed an appeal within
10 days from the date of rejection of its bid, in terms of Section 11 of the
Act, as the subsequent tender notification was floated on 20.08.2018; the
statutory period permitting an appeal to be filed within a period of 10
http://www.judis.nic.in
24
days is procedural in nature, whereas the right to file an appeal is
substantive in nature; and the substantive right of the petitioner cannot
be denied for mere procedural infraction, especially when the respondents
will not be prejudiced in any manner. Thus, the learned Senior Counsel
sought to allow the writ petitions.