THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.6753 of 1998 Dated 25-01-2008 Between: M/s Bhanu Construction Company Limited And others …Petitioners And Government of India, Department of Telecommunications, Sanchar Bhavan New Delhi and another …Respondents THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition No.6753 of 1998 ORDER: The respondents invited tenders for supply of Self-supporting Masts. The petitioners and several other agencies submitted their tenders, and purchase orders were placed on them, for different quantities. The tender conditions provided inter alia for securing Typed Approval Certificate from the Telecom Engineering Centre, within four months from the date of placing of purchase order. Another condition is that, delivery of goods shall commence immediately after obtaining the type approval, and it must be concluded within a period of 2 to 6 months. In accordance with this, the respondents issued purchase orders in August, 1997, stipulating six months time for delivery of goods, from the date of purchase order. Citing certain reasons, the petitioners sought for extension of the delivery period. Through proceedings dated 09-02-1998, the respondents extended the time, nearby two months, subject to levy of liquidated damage charges. The petitioners challenge the same. The respondents filed counter-affidavit, stating that the petitioners were under obligation to deliver the entire agreed quantity of Masts, within six months from the date of purchase order, and that the contract itself provides for levy of liquidated damages, in the event of failure to supply, within the stipulated time. Heard Sri O. Manohar Reddy, learned counsel for the petitioners, and Sri A. Rajasekhar Reddy, learned Additional Solicitor General for Central Government. It is no doubt true that in the tender specification, two conditions were mentioned, to the following effect, viz; “6(1): The successful bidder has to obtain type approval certificate for the tendered item within four months of placement of purchase order from the Telecom Engineering Centre, New Delhi. 6(ii): The delivery of goods shall commence immediately after obtaining the type approval certificate and shall be completed within 2 to 6 months thereafter. The exact delivery period shall be intimated to the vendor at the time of placement of purchase order.” The petitioners can have genuine grievance, if only they were required to conclude their supplies, before the expiry of four months, or without granting the time mentioned in Clause 6(ii). In the purchase order, the respondents stipulated the time of six months from the date of purchase order, for delivery of the finished material. This period takes care of four months, needed for obtaining approval certificate, and two months for supply, after the approval certificate is obtained. In W.P.M.P.No.8227 of 1998, this Court granted interim suspension of the impugned order. The state of affairs, as regards the full particulars of supply of material and payment of the bills, subsequent to that stage, are not before this Court. Further, sitting in Article 226 of the Constitution of India, this Court cannot adjudicate the validity, or otherwise of the Clauses, contained in such commercial contracts. If the petitioners still have any grievance, in the matter of levy of liquidated damages, as proposed in the impugned order, they can certainly work out their remedies, in a properly constituted civil proceedings. The writ petition is accordingly disposed of, leaving it open to the petitioners to work out their remedies, in accordance with law, in a Civil Court, if the cause of action survives. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J. Dt: 25-01-2008. KO