SABYASACHI BHATTACHARYYA
Sahakar Global Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The respondent-authorities floated a tender for toll collection on the bridge over the river Ajay. The petitioners’ bid of Rs.5,13,000/-per day was accepted, whereupon a Letter of Acceptance (LoA) was issued to the petitioners on November 27, 2017, followed by a formal work order dated November 29, 2017. The work order was issued for a period of 730 days from November 30, 2017.
2. It was mentioned in the tender notice that toll charges were payable by the following four categories of vehicles:
(ii) Medium Commercial Vehicle (MCV) including bus, truck, lorry, mini bus;
(iii) Heavy Construction Machinery (HCM) or Earth Moving Equipment (EMQ) or multi-axel vehicle with three to six axles; and
(iv) Oversized vehicles (seven or more axles).
3. The respective rates of toll charges for the above categories were also specified in Part II of the tender notice.
4. Pursuant to the terms of the work order, the petitioner deposited a sum of Rs.74,89,000/-as contract of 73 days’ bid money in advance.
5. Clause 22 of the Special Terms and Conditions of the tender (STC) required the success
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