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2011 Supreme(Gau) 942

UJJAL BHUYAN
Santosh Kumar Agarwalla – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Rahman
For Respondents/Defendant: Mr. J. Roy

JUDGMENT

Ujjal Bhuyan, J.

1. A Notice Inviting Bid (NIB) dated 31.01.2008 was floated by the Hindustan Paper Corporation Ltd., Nagaon Paper Mill, Jagiroad (briefly "the Corporation" hereafter) for procurement of 20,000 Metric Tonne Green (MTG) of home grown bamboo by road from and beyond the areas of Baihata Chariali of Lower Assam for the period 2007-08. Pursuant to the said NIB, altogether six parties participated including the petitioner. The techno-commercial bids were opened on 29.02.2008 and the price bids were thereafter opened on 15.03.2008. The petitioner was the lowest bidder for supply of 5000 MTG home grown bamboo at the rate of Rs. 1386/- per MTG, excluding VAT. Though the exact rate of the offer made by the Corporation is not available, the petitioner accepted the offer on 28-4-2008. Thereafter he deposited the earnest money deposit of Rs. 1,00,000/-, following which the supply order was issued on 13-5-2008 in duplicate for supply of the aforesaid quantity of bamboo by road from and beyond the areas of Baihata Chariali. The petitioner received the supply order on 14-5-2008. As per the said order, the period of contract was for 12 months from 14-5-2008 to 13-5-2009. Clau



















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