P.W.F.M. challenged a tender rejection letter. The court dismissed the petition noting the petitioner's willingness to comply with the requisitions regarding performance guarantee and affidavit.
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M/S VINTAGE FACILITY MANAGEMENT ..... Petitioner Through Ms Anusuya Salwan, Adv. with Mr Abhishek Pundir, Adv.
versus
COMMISSIONER OF INCOME TAX ..... Respondent Through Mr Rahul Chaudhary, Sr. St. Counsel with Mr Raghvendra Singh, Jr. St. Counsel with Mr Anup Kr. Kesari, Adv.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 17.08.2016
The petitioner is aggrieved by the letter dated 09.08.2016 whereby the petitioner’s tender was rejected. The said letter is reproduced in its entirety hereinbelow:
“Office of the
Income Tax Officer/Drawing & Disbursing Officer Transfer Pricing-3, Room No. 701, 7th Floor, E-2 Block, Pratyakshkar Bhawan, Dr. S.P.M. Civic Centre, Jawahar Lal Nehru Marg, New Delhi-110002 Tel: 011 23218658
F. No. DDO/CIT-TP-3/Tender/2016-17/45
Dated: 09.08.2016
To The Director, M/s. Vintage Facility Management Solutions Pvt. Ltd. B-107, R.G. Complex, Plot No.2, D.B. Gupta Road, Motia Khan, Pahar Ganj, New Delhi-110055.
Sir,
Subject: Tender - DEOs &MTSs- regarding -
Yours faithfully,
Sd/(PushpLata Arvind) Income Tax Officer/DDO, O/o CIT, TP-3, New Delhi.”
Two requirements were stressed in the said letter. One was of the furnishing of the performance guarantee of Rs.1.5 lacs and the second was of the furnishing of a personal affidavit from the Director of the company undertaking that payment shall be made to the contract staff by the 7th of every month for the purposes of smooth functioning of the service.
Ms Salwan, appearing on behalf of the petitioner, now states before us that the petitioner is willing to comply with both these directions. Although, according to her, this was not a part of the tender condition. The contract shall also be signed by the Director of the petitioner company. All these formalities shall be completed within one week. On doing so, the letter dated 09.08.2016 would stand withdrawn and the letter of intent dated 02.08.2016 will stand revived and thereafter the contract would be signed.
The writ petition stands disposed of.
Dasti under the signatures of the Court Master.
BADAR DURREZ AHMED, J
ASHUTOSH KUMAR, J
AUGUST 17, 2016/ab
M/S VINTAGE FACILITY MANAGEMENT
COMMISSIONER OF INCOME TAX
BADAR DURREZ AHMED
ASHUTOSH KUMAR
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
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