CWP No.7674 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7674 of 2010 Date of decision: 29.4.2010 Instrumentation Limited ............Petitioner Versus State of Haryana and others .........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. S.K. Monga, Advocate for the petitioner. ALOK SINGH, J. 1. Present writ petition is filed impugning the orders dated 7.12.2009, 24.12.2009, 1.2.2010 and 25.02.2010 (Annexures P-16, P-19, P-20 and P-23) and further impugning the tender notice (Annexure P-25) and show cause notice dated 21.4.2010 (Annexure P-24). Writ of mandamus is also sought directing the respondent No.3-Nigam to grant exemption to the petitioner-company from the clauses of performance bank guarantee and the penalty clause as well. 2. Brief facts of the present case are that tender notice was CWP No.7674 of 2010 -2- issued on behalf of respondent No.3-Nigam and sealed tenders were invited on behalf of respondent No.3-Nigam from the experienced contractors for supply and errection for conversion of existing LT lines into 11 KV lines. Petitioner-Company also submitted their tender. As per the terms and conditions of the tender notice, respondent No.3-Nigam insisted the petitioner for submission of performance bank guarantee on being found the petitioner as lowest bidder. Petitioner-company could not submit the performance bank guarantee despite of repeated chances, hence, petitioner-company has filed this writ petition seeking quashing of the orders by which performance bank guarantee was sought and further seeking writ of mandamus commanding the respondent No.3-Nigam to grant exemption to the petitioner-company from the clauses of performance bank guarantee and the penalty clause as well. 3. We have heard learned Counsel for the petitioner and perused the record. 4. Undisputedly, tender notice stipulates that before grant of the contract, performance bank guarantee is to be furnished by the bidder. Undisputedly, petitioner could not submit performance bank guarantee as per terms and conditions of the contract. 5. It is well settled position of law that a bidder always submits bid after understanding the terms and conditions of the notice inviting the bid/tender. It is not open for the bidder/tenderer to ask for giving relaxation in the terms and conditions of the contract which is same for all the bidders/tenderers. In our view, no writ CWP No.7674 of 2010 -3- would like under Article 226 of the Constitution of India seeking mandamus to grant relaxation from the clauses of the contract. 6. Writ petition is devoid of merit, hence, is dismissed. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 29th April, 2010 JUDGE ashish