IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.22227 of 2010 Date of decision: 14.12.2010 M/s Jagdamba Co-owners. -----Petitioner. Vs. Food Corporation of India & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Kanwaljit Singh, Sr. Advocate with Ms. Prachi Sharma, Advocate for the petitioner. --- ADARSH KUMAR GOEL, J. This petition seeks quashing of letter dated 23.11.2010, informing the petitioner that its financial bid could not be considered for the tender in question in view of the fact that five valid bids offered for 25% capacity had already been received. The petitioner submitted its tender in pursuance of Tender Notice, Annexure P-1, for construction of godowns for the storage requirements of the Food Corporation of India. The Tender Notice was issued by respondent No.3 Haryana State Cooperative Supply and Marketing Federation (HAFED). C.W.P. No.22227 of 2010 According to the tender conditions, if two tenderers having 100% of the capacity or three tenderers having 50% of the capacity or five tenderers having 25% of the capacity were available, other tenderers with lesser capacity were not to be considered. According to the petitioner, five valid offers for 25% capacity were not available and thus, the petitioner had right to be considered. As per letter dated 23.11.2010, Annexure P-5, five tenderers of 25% capacity were available and therefore, the petitioner could not be considered. The petitioner gave Legal Notice, Annexure P-4, dated 30.11.2010 alleging that there were defects in the five tenderers of 25% capacity. Since the question raised is primarily a question of fact, to be examined on the basis of records, we direct respondent No.3 to look into the factual aspect, as stated in the legal notice of the petitioner and take a decision thereon before finalizing the bid, in accordance with law. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE December 14, 2010 (AJAY KUMAR MITTAL) ashwani JUDGE 2