IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.1889 of 2010 Date of decision: 4.2.2010 Kewal Krishan Sharma. -----Petitioner. Vs. Food Corporation of India and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. D.S. Pheruman, Advocate for the petitioner. --- ORDER: 1. This petition seeks quashing of order dated 4.12.2009 by which the work of transportation has been allotted to respondent No.3 by the Food Corporation of India. 2. Case of the petitioner is that in pursuance of Tender Notice dated 12.8.2009, Annexure P-2, the petitioner gave his bid and so did respondent No.3 who was not qualified. Still, contrary to terms of the Tender Notice, respondent No.3 was given opportunity to complete the formalities regarding the experience certificate. This affected the right of the petitioner to get the contract. CWP No.1889 of 2010 3. Learned counsel for the petitioner does not dispute that the rate offered by respondent No.3 is lower and respondent No.3 was allowed to complete the deficiencies in the technical bid. 4. It has been held by the Hon’ble Supreme Court in Tata Cellular v. Union of India, AIR 1996 SC 11 and Raunaq International Ltd. v. I.V.R. Construction Ltd. (1999) (1) SCC 492 that the Court has to exercise restraint in the matters of tenders, unless there is illegality or loss to public revenue. 5. Having regard to circumstances of the case, particularly the fact that the rates quoted by the petitioner were higher, we do not find any ground to interfere with allotment of work to respondent No.3. 6. The petition is dismissed. (ADARSH KUMAR GOEL) JUDGE February 04, 2010 ( ALOK SINGH ) ashwani JUDGE 2