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2018 Supreme(Cal) 521

JYOTIRMAY BHATTACHARYA, ARIJIT BANERJEE
Mohindra Tubes Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Biswaroop Bhattacharya, Adv., Mr. Rajarshi Dutta, Adv., Mr. Sandip Kumar Datta, Adv., Ms. Shyantee Datta, Adv.
For the Respondents: Mr. Ashok Banerjee, Sr. Adv., Mr. Debabrata Banerjee, Adv., Mr. Samir Chakraborty, Adv., Mr. Tapojit Dey, Adv., Mr. Sushanto Kumar Ganguly, Adv., Mr. Samrat Sen, Sr. Adv., Mr. Amitava Mitra, Adv.

JUDGMENT :

Arijit Banerjee, J.

1. The Gorkhaland Territorial Administration (in short ‘GTA’) issued a Notice Inviting Tender (in short ‘NIT’) dated 20 September, 2013 inviting offers for supply of pipes, specials and joining material to the Public Health Engineering Department (in short ‘PHE’), GTA, Darjeeling for execution of Drinking Water Supply Schemes for different schools and PWS schemes within the GTA area. The total estimated cost of 47 schemes in Darjeeling, Kurseong and Kalimpong divisions was Rs. 53.81 crores. The petitioner company’s bid was found to be the lowest and the same was communicated to it by the PHE department of GTA by a letter dated 20 December, 2013. It was mentioned in the said letter that supply of the said materials shall be made as per the orders issued from the office of the PHE department of GTA from time to time against the sanctioned works. It was also mentioned that the approved rates will remain valid from the date of the said letter till 20 December, 2015. The petitioner company was called upon to execute formal agreement with the PHE departme




























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