NITIN W. SAMBRE, J.

The petition is arising out of a tender matter wherein for selection of reputed agency to manage advertisement spaces (non-AC buses in Pune Metropolitan area) was invited by respondent nos. 1 & 2.

2. It is the case of the petitioner that pursuant to his offer accepted by the respondent after negotiation on 24/01/2018, on 31/01/2018, a letter of intent came to be issued to him. Pursuant to the requirement under the letter of intent, the petitioner submitted his acceptance for selection ordered by the respondents vide communication dated 06/02/2018. According to him, clause 4.10 of the tender conditions provides for furnishing of performance bank guarantee within period of 15 business days from the date of Award. According to him before expiry of 15 working days period vide impugned order dated 08/02/2018, the tender allotted in favour of the petitioner has been cancelled on the ground, performance bank guarantee and letter of acceptance was not received by the respondent. Vide order dated 08/02/2018, respondents have floated fresh tenders in which the petitioner is also instructed to participate.

It is this order of cancellation, tender and issuance of re-tender ordered on 08/02/2018 questioned in the present petition.

3. Heard Shri. Sathe, the learned senior counsel for the petitioner and Shri. R.P. Sakhdeo for respondent nos. 1 & 2, Additional Government Pleader Shri. A.I. Patel for respondent no. 3 State.

4. Shri. Sathe, the learned senior counsel for the petitioner would invite attention of this Court to various communications which were accepted in between petitioner and respondent nos. 1 & 2. According to Shri. Sathe, after submission of tender, vide communication dated 24/01/2018, petitioner was called for negotiation and petitioner attended the meeting for negotiation on 25/01/2018. He submits that on 30/01/2017, petitioner submitted the clarification on rates as were negotiated in the meeting held on 25/01/2018. He would then urge that petitioner was issued letter of intent on 31/01/2018 whereby it was informed to the petitioner that he is declared as successful bidder in the tender in question for managing advertisement spaces on the non-AC buses of the respondent. He was directed to submit performance bank guarantee and acceptance letter. According to Shri. Sathe, petitioner responded to the said communication dated 31/01/2018 vide communication dated 06/02/2018. According to him, petitioner in categorical terms acknowledged the letter of intent which was based on bid and re-negotiation dated 25/01/2018 and re-negotiated proposal submitted through E-mail dated 29/01/2018 and 30/01/2018. Shri. Sathe then would urge that the petitioner has tendered monthly licence fees of Rs.39,56,582/- for Solus buses at the rate of Rs.4001/-per bus, per month and Rs. 2501/-per bus per month including Midi buses, for total 1582 buses. He would also submit that the petitioner has consented for incremental @ 5% per annum on the last payment made towards licence fees and requested for clarification on two issues. Shri. Sathe then would urge that the compliance of clause 4.10 qua performance bank guarantee particularly sub clause 2 (b) was very much reported as the said clause provides for 15 working days time to furnish bank guarantee. According to him, the petitioner has shown his bonafides by tendering cheques of the amount on bank guarantee towards security and also informed that issuance of bank guarantee is taken up with its banker and will be submitted the moment it will be received which will be replaced by cheques which were already tendered. According to Shri. Sathe, the impugned communication dated 08/02/2018 is issued by the respondent before expiry of 15 business days as provided under the clause performance bank guarantee. According to him, the said communication of cancellation of the letter of intent issued in favour of the petitioner is followed with order of re-tender. Shri. Sathe then would urge