Judgment

JUDGMENT - We have heard Mr. Sanghi learned counsel appearing in support of the special leave petition. Mr. Soli J. Sorabjee, learned Advocate on behalf of the respondent No. 1, Mr. Salve, the learned counsel for respondent No. 7 and Mr. Attorney General, appearing for West Bengal State Electricity Board. Special Leave is granted.

2. The case relates to sale of Turbine and boilers with their accessories and fittings installed at Gauripur Thermal Power Station within 24 Parganas (North). The tender notice was issued by the Board inviting offers from intending purchasers accordingly several tenders were filed. Subsequently there was a modification in the terms of the tender and the appellant was informed by a letter from the Board that a sum of over Rs. 3,04,00,000/- had been offered by the respondent No. 7 and if the appellant was interested in purchasing the aforesaid equipments at a higher consideration than Rs. 3,05,00,000/-, he should do so along with 10% of the amount as earnest money. The case of the appellant is that he did not intend to bid so high and he, therefore, gave up his attempt to compete with the respondent No. 7. The matter, however, did not rest there. Th