This order dismisses a writ petition challenging an order for recovery of Rs. 21,16,448/- as the pray er is not maintainable on account of alternative remedy available under civil court or the terms and conditions of the tender.
The writ petition is dismissed in limine for lack of maintainability due to alternative remedy.
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SBCWP No.9703/07.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.9703/2007.
M/s.Star Delta Transformers Ltd. Vs.
The Chairman & Managing Director, Jaipur Vidyut Vitran Nigam Ltd.
Date of order : 01/02/2008.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
Shri Mahesh Gupta for the petitioner. ***
BY THE COURT :-
The writ petition has been filed against the order dated 25/1/2007 and the reminder issued in this regard for recovery of Rs.21,16,448/-.
It was argued by the learned counsel for the petitioner that bid of the petitioner-company was accepted by the respondent-JVVNL being the lowest bid. Thereafter, petitioner submitted revised bid specifically mentioning therein that the entry tax, if, applicable will be born by the petitionercompany. Counsel for the petitioner further submitted that clause (xiv) of the terms and conditions provides that in case of dispute between the purchaser and supplier, the same would be referred to Settlement Committee by raising such dispute. Learned counsel for the petitioner however submitted that in fact no contract has been executed between the petitioner and the respondent-JVVNL therefore, the petitioner may not be bound to accept such condition.
SBCWP No.9703/07.
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Be that as it may, petitioner has got a proper remedy either before civil court or the petitioner may avail of the remedy available to him in clause (xiv) supra.
I, therefore, do not find any merit in this writ petition. The same is accordingly dismissed in limine being not maintainable on account of alternative remedy available to the petitioner.
(MOHAMMAD RAFIQ), J.
anil
2 issues framed by the court
Whether the writ petition challenging the order for recovery of the bid security is maintainable in view of the alternative remedy available to the petitioner.
Whether the writ petition is maintainable when no contract has been executed between the petitioner and the respondent despite the acceptance of the bid.
M/s. Star Delta Transformers Ltd.
The Chairman & Managing Director, Jaipur Vidyut Vitran Nigam Ltd.
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
