SANJAY KISHAN KAUL, J.

( 1 ) THE Department of Telecom, Union of India the respondent herein floated tender for obtaining PIJF underground cables of 1. 66 LCKM. The tender was opened on 22. 4. 1994. The petitioner had submitted his bid in pursuance to the tender enquiry which was accepted by the respondent. Orders were placed on the petitioner for supply of cables on a cash basis and the petitioner was required to submit a performance bank guarantee worth Rs. 85 lacs as per clause 4. 1 of the bid documents. The petitioner accordingly furnished the bank guarantee dated 27. 9. 1994 issued by the State Bank of Patiala, Rajpura for the said amount.

( 2 ) THE respondent took the decision to obtain additional quantity of the said cable of 85 LCKM under the same tender enquiry but on deferred payment terms and the petitioner being one of the approved bidders was accordingly informed about the proposal of additional allocation of 3. 79 LCKMs. This quantity was enhanced to 4. 77 LCKM on 5. 12. 1994 and distributed to different telecom circles. The haryana Circle had to be supplied 1. 64 LCKM, Punjab Circle 2. 40 LCKM and rajasthan Circle 0. 73 LCKM. The petitioner was required to submit the

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