CWP No. 14349 of 2009 :1: In the High Court of Punjab and Haryana, Chandigarh. CWP No. 14349 of 2009 Date of Decision: 08.01.2010 M/s. Darapur Filling Station. ....Petitioner Versus Indian Oil Corporation Ltd. and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh Present: Mr. T.P.S. Tung, Advocate for the petititioner. Mr. Ashish Kapoor, Advocate for the respondents. ... Adarsh Kumar Goel, J. (Oral). 1. This petition seeks quashing of letter dated 10.1.2009 followed by order dated 3.9.2009, rejecting the tender of the petitioner for transportation of petroleum products for its own petrol pump. 2. The petitioner gave its bid in pursuance to notice inviting tender Annexure P-1 of June, 2008. The rate quoted was Rs.66.60 per KL. However, in words, apart from Rs.66.60 per KL, words KM were also mentioned. Though the petitioner clarified the same, bid of the petitioner was rejected on the ground that the said rate was too high, if it was calculated with reference to per KL per KM. The petitioner clarified that per KM was never intended to be conveyed and it was merely a clerical CWP No. 14349 of 2009 :2: mistake and by no stretch of imagination, the rate of transportation of Rs.66.60 could be per KL per KM. The relevant part of the petitioner's explanation is as under:- “That the price bid form indicates that there is no provision to refer KM at Serial No.1 i.e. transportation for long distance. KM is only eligible in Serial No.2 whereas my client is not eligible for the schedule mentioned in Serial No.2. This shows that there is clerical mistake in the price bid form and the word KM inadvertently mentioned. This clerical mistake can be rectified at any stage as the corporation ha already doing so on the previous orders.” 3. Inspite of the above, the impugned order dated 3.9.2009 has been passed stating as under:- “Besides, if we considered the rate 66.60 Km/Kl as authentic and covert the same to “Rs/Kl” by considering 39 Km as the round trip distance (RTD) for the minimum rate segment (Rate in Rs/Kl), it would have been out of the (+) 10% of the benchmark price. As per clause B-3 (Evaluation of Tender) of Tender Document, “The tenderer quoting beyond (+/-) 10% of the estimated transportation rates shall be treated as disqualified and their tender shall be rejected.” Thus there was no other way but to reject the subject tender.” 4. Aggrieved thereby, this petition has been filed. We have heard learned counsel for the parties. 5. It cannot be disputed that rate of Rs.66.60 could never have been intended per KM by any sensible person and on the common sense, the CWP No. 14349 of 2009 :3: said rate could only be Rs.66.60 per KL, as explained by the petitioner. It is, thus, a case of obvious unintended mistake. 6. In such a situation, the mere fact that in the tender condition, it has been mentioned that the bid will be liable to be rejected if the rate of transportation quoted was beyond 10% of the estimated rate of transportation, would be no ground to reject the bid. 7. Accordingly, this petition is allowed. The impugned order dated 3.9.2009, rejecting the tender of the petitioner for transportation of petroleum products for its own petrol pump, is set aside. The contested respondents may now deal with the matter in accordance with law. ( Adarsh Kumar Goel ) Judge ( Alok Singh ) Judge 08.01.2010 sk.