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2005 Supreme(Raj) 2229

GOPAL KRISHAN VYAS, N.N.MATHUR
Santosh Kumar Banthia – Appellant
Versus
The General Manager, Indian Oil Corporation – Respondent


Advocates Appeared:
Mr. M.L. Garg, for the Appellant.
Mr. Jitendra Chopra, for the Respondents.

Judgment

1. This Special Appeal is directed against the Judgment of the learned Single Judge dated 20.04.2005 dismissing the writ petition.

2. Brief facts giving rise to the instant Special Appeal are that the appellant, a transporter, submitted his tender for transporting L.P.G. Cylinders in response to the advertisement issued by the first respondent-Indian Oil Corporation Limited. In the said tender, he quoted the rates as follows :

Schedule of Rates for 14.2 Kg. Cylinders ( Enclosure of Price Bid)

S. No. Category Type of routes and rates

Plain RoutesHill Routes with Restriction Hill Routes without Load Restriction

1. Within State (Paisa/Cyl/RTKM) 3.85 P.

2. Adjoining State (Paisa/Cyl/RTKM) 4.15 P.

3. Another State (Paisa/Cyl/RTKM) 4.25 P.

4. Minimum Charges (Paisa/Cyl) 5.00 P.

3. The appellants tender was rejected for the reason that he quoted the minimum charges in “Paisa” instead of “rupees” per Cylinder. The appellant made a representation stating inter alia that he had referred “P”as “Per Cylinder” and this could be explained, if he would have been given an opportunity to explain. The respondents ignoring the appellants representation accepted the bids of other persons. The a





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