V. M. SAHAI, J. The short question that arises for consideration in these petitions, is where the tender document as per the tender notice is required to be sent by Registered Acknowledgment Due Post in such a case, whether the post office is an agent of the petitioner or the respondents?

2. The facts of the case are that Surat Municipal Corporation (for short, 'the Corporation') issued Tender Notice No. DC (P&D)/TPD/06/2011-2012. Last date of submission of on-line tender was 27-6-2011 and hard copy of the tender was to be submitted by 30-6-2011 by Registered Acknowledgment Due Post/Speed Post. The tender was required to be sent by both modes. On the last date of the tender, the petitioner submitted e-tender within the time. But, hard copy of the tender along with document was sent by the petitioner to the Corporation by Registered Acknowledgment Due Post on 27-6-2011, which was received in the office of the respondent on 2-7-2011. The tender of the petitioner had been rejected as time-barred.

3. We have heard learned Counsel Mr. S. P. Majmudar for the petitioner. The learned Counsel for the petitioner has urged that he has submitted the hard copy of the tender along with t