|
IN
THE HON’BLE HIGH COURT OF M.P.JABALPUR W.P. No. 1387 |
|
Petitioner
-
M.P.S.E.B. V/s Respondent
-
M/s Omprakash Satyapal, Korba. GIST OF THE CASE:- Against this
office tender specification No.07-04/S-22, offers
for sale of
various scrap
and unserviceable materials available with various
Generation Stores were invited through open tender.
As per
EMD clause
of the tender documents the bidder were required to submit an
amount equal to 5% of the total value of
the lots
offered by them as EMD alongwith the offer. M/s Steel Centre,
Bhopal had submitted the offer for lots No. 70, 76
and 117 (i)
but as against the required EMD of Rs. 173,673/- they had given a DD of
Rs.1,67,000/- and requested for adjustment
of balance EMD
amount from their refundable SD of Rs.1,92,500/-
which was accepted by the Board.
Such facility was given to some
other firms
also. The
telegraphic order was issued to the firm
on 07.02.2000. However, on 16.02.2000, M/s Omprakash Satyapal,
Korba who had offered for lot No. 117 (i) alongwith other various
lots, filed a writ petition No. 1387/2000 in Hon'able High Court,
Jabalpur mainly
on the basis
that M/s Steel Centre, Bhopal had not
submitted full
amount of EMD
alongwith their offer, thus, their
offer was
liable for rejection and requested for quashing
the order
for sale
/ allotment of
lots 70, 76 and 117 (i) in favour
of M/s Steel Centre, Bhopal. Since
no restraint
order like stay or status-quo had
been passed by
the Hon'ble High Court, sale order were issued in
favour of
M/s Steel
Centre, Bhopal and the material of lot No. 70,
76 was
lifted completely
and of lot No. 117 (i) partially before
decision of Hon'ble High Court. In
the decision
given by Hon'ble Judge on 01.08.2000,
the writ petition was allowed and order for sale of scrap for lot
70, 76
and 117
(i) in favour
of M/s Steel Centre, Bhopal was quashed. In view of
the recommendation of Counsel
and opinion of Board’s Sr.
Law Officer,
the subject LPA was filed before the Division
Bench of High Court, Jabalpur on 09.09.2000, for review
of the
decision dated
01.08.2000. The matter
is under
consideration of Hon'ble High Court. |