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DEVASHIS BARUAH
Power and Instrumentation Gujarat Limited – Appellant
Versus
State of Assam, Rep. by the Principal Secretary Power (Elect) Department – Respondent
Headnote: Read headnote
JUDGMENT :
1. The facts as could be seen from a perusal of the pleadings contained in the instant writ petition are that the Respondent Company i.e. the Assam Power Distribution Company Ltd. (for short “APDCL”) invited bids from interest bidders for various projects on domestic competitive bidding against various packages. The instant writ petition herein relates to package No.6.
2. For the purpose of giving a gist of the said package in question, it is relevant to mention that Package No.6 was in respect of Karbi Anglong District and the number of households were 5422 and the requirement of systems was 5422. The said notice inviting bids contained various terms and conditions. For the purpose of the instant writ petition, it is not required to refer to all such terms and conditions save and except Appendix-1 which contains the terms and procedures of payment.
3. A reading of the said Appendix-1 which was a part of the invitation of bids and more particularly Clause-A which
Bank guarantee represents an independent contract between bank and beneficiary, both parties would be bound by terms thereof.
Submission of Earnest Money Deposit (EMD) through bank guarantee was non-compliant with the mandatory electronic modes prescribed in the Detailed Tender Call Notice, and subsequent modifications to t....
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