JUDGMENT

Rajendra Babu, J.-Leave granted.

2. The first respondent invited tenders for execution of five items of work including supply, delivery and stacking of 75,000 cubic metre Machine crushed track ballast as per specifications at its depot in Naurozabad and loading it into railway wagons. The supply period was for 24 months. The conditions in the tender notice required that the rates at which supply was to be made had to be stated in words as well as in figures against each item of work as per Schedule attached thereto; that the tenders submitted with any omissions or alteration of the tender document were liable to be rejected; however, permissible corrections could be attached with due signature of tenderers; that the tenderer should hold the offer open till such date as may be specified in the tender which was for a minimum period of 90 days from the date of opening of the tender; that contravention of the conditions would automatically result in forfeiture of security deposit; that the tender was liable to be rejected for non-compliance of any of the conditions in the tender form.

3. Five tenders were received. The appellant made his tender on 27.2.2001 with a covering letter