TaxTMI 
TaxTMI 
TaxTMI 
2019 (12) TMI 1655
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....rari to quash Ext. P14 to the extent of rearranging the work done by the petitioner at his risk and cost and also for a writ of mandamus directing the respondents to release the Earnest Money Deposit (EMD) amount of Rs. 22,60,000/-. 3. The short facts of the case are as under: Petitioner who is a registered contractor of the Public Works Department (PWD) was awarded with the work of improving the Rajakkad-Rajakumari-Poopara road to riding quality. The approximate value of work was Rs. 11,29,06,076/-. He had submitted an EMD of Rs. 22,60,000/-. The petitioner quoted Rs. 7,99,99,990/- which was 29.14% below the estimated cost. Since the rate was below 25% of the estimated cost, Chief Engineer called upon the petitioner to forward the rate ....
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....r letter was sent to the Superintending Engineer on 19/8/17 which is marked as Ext. P11. Petitioner also approached this Court by filing WP(C) No. 28087/2017 wherein direction had been issued to the Superintending Engineer, PWD to consider Ext. P11 representation. However, pursuant to the said direction, the Superintending Engineer of PWD terminated the contract, after rejecting his representation, Ext. P11 and it was mentioned that the work will be rearranged at his risk and cost. Though petitioner submitted Ext. P14 letter dated 3/10/2017 to the Chief Engineer, informing him that he is ready and willing to execute the agreement and start the work with 14% tax amount, nothing else was heard in the matter and therefore he had approached thi....
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....es in the preparation of tender documents. 6. Learned Single Judge while considering the aforesaid claim observed that in so far as Clause 13.3 in the bidding documents including invitation of bid clearly indicates that the price shall include all duties, taxes and other levies, it cannot be stated that the petitioner was not aware that he had to quote the price bid with tax. Being an A class contractor of PWD, petitioner is well versed with the manner in which tenders are to be submitted and therefore, there is justification on the part of the respondents to re-arrange the work and forfeit the EMD. 7. Learned counsel for the appellant while impugning the aforesaid judgment submits that though in the invitation to bid, there was a specifi....
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....is not disputed because when the petitioner was given Ext. P9, after accepting his tender, the word "without taxes" in the total amount was conspicuously deleted, whereas the price remained the same. Petitioner was called upon to execute the agreement based on Ext. P9. Therefore, it is clear that there is ambiguity in the tender (BoQ) as a result of which petitioner had given a quote without taxes. But when he was called upon to submit an undertaking as per Ext. P6 format, the format included the value inclusive of all taxes, levies statutory fees etc at which time, he had objected to the same stating that his rate did not include any taxes. But without considering the same, Ext. P8 letter of acceptance had been issued calling upon him to u....
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....ises out of a contractual obligation and/or involves some disputed questions of fact. 11. This is also a case in which the only question to be considered is whether the action of the respondents in treating that there was a valid acceptance of the tender by the petitioner/appellant is justified or not. 12. Learned Government Pleader however raised two contentions. First is on the basis of clause 13.3 of the invitation to bid. It is true that in the bidding documents which forms part of the notice inviting tender, it was specifically mentioned that the quoted price should contain all taxes, duties and other levies. But in this case what was intended by PWD while uploading the BoQ was that the total amount ought to have been with all taxes,....