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Issues: Whether the petitioner was entitled, in writ jurisdiction, to recover from the State the difference in Central sales tax on the ground that its quotation mentioning CST at 2% was a mistake and that the applicable rate was 4%.
Analysis: The contractual documents and comparative statement showed that the tender was evaluated on the basis of the rates quoted by the bidders, including the petitioner. The petitioner itself had quoted Central sales tax at 2%, and the tender committee acted on that quotation while considering the financial bid. The Court held that the petitioner could not, after the bid was evaluated and accepted on that basis, resile from its own quotation and claim reimbursement at 4% merely by asserting mistake. The Court also held that the writ petition was not barred in principle in contractual matters, but interference is not warranted where the dispute turns on facts emerging from the record and no application under section 8 of the Arbitration and Conciliation Act, 1996 had been filed by the respondents.
Conclusion: The petitioner was not entitled to claim the additional 2% Central sales tax from the State in writ proceedings.