Sakthi Gas Agency vs Union Of India on 4 March, 2015
7. Mr.M.Ravindran, learned Senior counsel appearing for the respondent Corporation submitted that the tender notification was published on 03.12.2014 and the date of opening of credential bids was on 05.01.2015 at 11.30 hours and the date on which, the contract has to be started is 01.03.2015 and it is submitted that the tenders have been opened and Letter of Intents have been issued to the tenderers on 17.02.2015. Copies of a few of such orders were produced before this Court. It is submitted that the Writ Petitions itself were filed only on 26.02.2015, by then the entire tender process has been concluded and Letter of Intents have been issued and as such the prayer sought for has become infructuous. Further, it is submitted that the tender notification issued by the respondent Corporation is a commercial transaction and it is well open to the respondent to fix the terms and conditions and merely because for the earlier years, there were preferential conditions for LPG distributors and merely because the same were modified in the present tender by itself would not render the tender notification as arbitrary or illegal. Further, it is submitted that concessions have been granted even in the impugned tender notification, wherein distributors are required to pay lesser amount of EMD and Security Deposit and in this regard, reference was made to clause 4.1 and 5.5(i) of the Tender Notification. Further, it is submitted that the Hon'ble Division Bench of the Punjab and Haryana High Court in the case of Vishal Sharma vs. Union of India & Ors., in CWP No.21361 of 2011, dated 08.08.2012, have rejected the challenge made to the tender conditions by following the various decisions of the Hon'ble Supreme Court.