JUDGMENT :

1. Heard Mr. D. Saikia, the learned Senior Counsel assisted by Mr. B. Gogoi for the petitioner and Mr. P.K. Roy, the learned Standing Counsel for Food Corporation of India(FCI), respondent No. 2 and other respondents No. 3 to 5, Mr. R. Chakraborty for respondent No.6 HDFC Bank.

2. The petitioner company was awarded the contract of construction of 50,000 MT capacity road fed godown at Nagaon vide Letter of Memorandum (LOM) dated 11-09-2014. As per the terms of contract petitioner was required to submit land documents along with his offer in the technical bid. As he could not, petitioner submitted supplementary guarantee in the form of Bank Guarantee of Rs.50, 00,000/- @ Rs. 100/- per MT with obligation to submit ownership deed/lease deed of the land mentioned in the technical bid within 120 days from the date of issuance of acceptance of the LOM i,e. 08-01-2015, as per Clauses 6 and 8 of Model Tender Form (MTF). Petitioner could not submit the same and requested for extension of time. Petitioner was granted extension twice upto 31-03-2015 and again upto 07-07-2015. But the petitioner failed to deposit the land documents. In terms of Clause 8 of MTF, the Bank Guarantee of Rs