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2022 Supreme(Gau) 605

SUMAN SHYAM
G. B. Chowdhury Holdings Pvt. Ltd. Rep. By Its Director – Appellant
Versus
Food Corporation Of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Deka, Adv.
For the Respondents: Mr. B.K. Singh, SC, FCI.

JUDGMENT :

1. Heard Mr. N. Deka, learned counsel appearing for the writ petitioner. I have also heard Mr. B.K. Singh, learned Standing Counsel, FCI, appearing on behalf of the all the respondents.

2. This writ petitioner herein, is a company registered under the Companies Act, 1956, having its registered office at Chowdhury Tilla, Sarumotoria, Dispur, Guwahati, in the district of Kamrup (M). Aggrieved by rejection of its prayer for release of additional amount for the actual distance covered under the contract agreement, the instant writ petition has been filed seeking a Writ of Mandamus from this Court.

3. The facts and circumstances of the case giving rise to the filing of the writ petition are stated hereunder.

4. The respondent no. 3 had issued a “Notice Inviting e-Tender” (NIeT) dated 30/03/2015 inviting bids from interested contractors for execution of transportation contract under the Food Corporation of India (FCI) in respect of as many as 13 different routes. It was a 2(two) bid system wherein, the contractors were required to submit their technical bid as well as the price bid. The tender document itself had provided that the rate quoted should be per MT per KM as per MTF

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