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M/S.BOTHRA TRADERS versus M/S.BHARAT PETROLEUM CORPORATION LTD.

High Court of Madras

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M/s.Bothra Traders v. M/s.Bharat Petroleum Corporation Ltd. - Writ Appeal No.867 of 2005 [2005] RD-TN 346 (29 April 2005)



IN THE HIGH COURT OF JUDICATUREA AT MADRAS

DATED: 29/04/2005

CORAM

THE HON'BLE MR.MARKANDEY KATJU, CHIEF JUSTICE and

THE HON'BLE MR.JUSTICE F.M.IBRAHIM KALIFULLA Writ Appeal No.867 of 2005

M/s.Bothra Traders,

Rep. by its Proprietor,

Bhawarlal Bothra,

Thiruvottiyur,

Chennai - 19. ..Appellant. -Vs-

M/s.Bharat Petroleum Corporation Ltd.,

Rep. by its Chief Materials Manager (South),

No.1, Ranganathan Gardens,

Off: 11th Main Road,

Anna Nagar,

Chennai - 40. ..Respondent. PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent against the order passed in W.P.No.9368 of 2004 dated 25.02.2005.

For Appellant :: Mr.K.Doraisamy, Senior Counsel For M/s. Mc Gan Law Firm

For Respondent/ :: Mr.K.Ethiraj

Caveator

:J U D G M E N T



(The Judgment of the Court was delivered by The Hon'ble The Chief Justice)

This writ appeal has been filed against the impugned order of the learned single Judge dated 25.02.2005 passed in W.P.No.9368 of 2004.

2. The appellant has alleged that he was the highest bidder in a tender but the authorities have cancelled the tender process and ordered for fresh bids.

3. It is well settled that even the highest bidder has no absolute indefeasible right to get a contract. There are various reasons for which the authorities may not accept the highest bid, vide S.Selvarani Vs. Commissioner, 2005 Writ L.R. 30 (vide paragraphs 16 to 18) e.g. if they find the highest bid is inadequate or for some other good and valid reason, vide Ram and Shyam Co. Vs. State of Haryana, (1925) 3 SCC 267 (vide paragraphs 11, 12 and 14). If the appellant is so advised, he can bid in the fresh tender. The learned Judge has already directed for refund of Earnest Money Deposit with interest at the rate of 15. We see no infirmity in his order. There is no force in the appeal. The appeal is dismissed. Consequently, connected W.A.M.P.No.1632 of 2005 is also dismissed. Index: Yes

Website: Yes

Vu/sm

Copy to:-

M/s.Bharat Petroleum Corporation Ltd.,

Rep. by its Chief Materials Manager (South),

No.1, Ranganathan Gardens,

Off: 11th Main Road,

Anna Nagar,

Chennai - 40.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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