SCA/654/2008 1 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 654 of 2008 With CIVIL APPLICATION No. 1112 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.S.SHAH AND HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= SATISH AGRO INDUSTRIES THRO' POA PRAKASH JAIN - Petitioner(s) Versus GUJARAT STATE SEEDS CORPORATION LTD & 3 - Respondent(s) ================================================= Appearance : MR ND NANAVATI, SR. ADVOCATE with MR CB UPADHYAYA for Petitioner(s) : 1, MR AI SURTI for Respondent(s) : 1, MS KRINA CALLA, AGP for Respondent(s) : 2, NOTICE SERVED BY DS for Respondent(s) : 2, 4, MR RA PATEL for Respondent(s) : 3, ========================================= CORAM : HONOURABLE MR.JUSTICE M.S.SHAH and HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 05/02/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE M.S.SHAH) SCA/654/2008 2 JUDGMENT Heard Mr ND Nanavati, learned Senior Advocate for the petitioner, Mr Surti for respondent No.1 Corporation, Ms Krina Calla, learned AGP for respondent No.2, Mr Yatin Soni for respondent No.3 and Mr Rajesh Trehan, party–in–person, Director of respondent No.4 Company. 2. Having heard the learned counsel and the parties as aforesaid, we find that as on 27.12.2007, when the contract was awarded to respondent No.4, all the three parties i.e. the petitioner, respondent No.3 and respondent No.4 were eligible for consideration for being awarded the contract in question for supplying Fertilizers Broadcasters with 13 litre capacity. However, respondent No.4 has already supplied 4532 Fertilizers Broadcasters. It was indicated in the order dated 25.01.2008 that respondent No.4 had already manufactured 4532 Fertilizers Broadcasters, out of which 2210 Fertilizers Broadcasters were dispatched on 23.01.2008 and it is stated by respondent No.4 at the hearing today that the remaining 2322 Fertilizers Broadcasters out of the said 4532 have already been dispatched. In other words, by now 4532 Fertilizers Broadcasters are not only manufactured by respondent No.4, but are also dispatched. We, therefore, confine inter-se bidding exercise amongst the petitioner, respondent No.3 and respondent No.4 to 4468 Fertilizers Broadcasters with 13 litre capacity. 3. Mr Nanavati for the petitioner and Mr Soni for respondent No.3 have also tendered Demand Drafts of Rs.6.75 lacs each. As far as respondent No.4 is concerned, it had already submitted EMD and the amount is lying with respondent No.3 Corporation. Hence, we permitted the petitioner, respondent No.3 and respondent No.4 for inter-se bidding for supplying 4468 Fertilizers Broadcasters with ISI mark and with 13 litre capacity. SCA/654/2008 3 JUDGMENT 4. At the inter-se bidding, the offers made by the parties were as under :- Rupees per unit Petitioner Respondent No.3 Respondent No.4 1100 1050 1000 975 950 925 900 900 with GR 875 850 850 with GR 825 800 800 with GR 775 – 775 with GR 775 5. Mr Surti for respondent No.1 Corporation states that in view of the above outcome, respondent No.1 Corporation will now award the contract for supply of 2234 Fertilizers Broadcasters of 13 litre capacity with ISI mark in favour of respondent No.3 at Rs.775/- per unit and similarly another contract for supplying 2234 Fertilizers Broadcasters of 13 litre capacity with ISI mark will be awarded to respondent No.4 at the same rate of Rs.775/- per unit. The EMD of Rs.6,75,000/- submitted by respondent No.3 in form of Demand Draft No.565947 dated 24.01.2008 drawn on Bank of Baroda, Vidhan Sabha Branch, Gandhinagar in favour of Gujarat State Seeds Corporation Ltd. is handed over to Mr Surti for respondent No.1 Corporation. 6. Respondent No.3 and Mr Trehan for respondent No.4 both agree that they will supply the Fertilizers Broadcasters as indicated above with all other terms and conditions being the same which were the terms and conditions in the contract dated 27.12.2007 except the quantity (2234 each) and the price which is quoted above at Rs.775/- per unit. 7. Mr Surti states that the contract on the aforesaid lines will be awarded to respondent Nos.3 and 4 within one week from today. SCA/654/2008 4 JUDGMENT 8. It is clarified that 4532 quantities of Fertilizers Broadcasters already supplied by respondent No.4 shall be governed by the price of Rs.1,130/- as per the contract dated 27.12.2007 and that the price of Rs.775/- per unit will be applicable for 2234 units to be supplied by respondent No.4 and another quantity of 2234 units to be supplied by respondent No.3. 9. Mr Nanavati states that Civil Suit shall also be withdrawn within two weeks from today. 10. Special Civil Application No.654 of 2008 is accordingly disposed of after recording the above statements and clarifications. All the parties shall abide by the respective statements made by them or on their behalf. In view of the above order, no other orders are required in Civil Application No.1112 of 2008 of respondent No.3. [M.S. SHAH, J.] [RAVI R. TRIPATHI, J.] mrpandya*