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2005 Supreme(Mad) 1232

MARKANDEY KATJU, D.MURUGESAN
K. A. Chandrasekar – Appellant
Versus
The Authorised Officer State Bank of India & Another – Respondent


Advocates Appeared:For the Petitioners:V.Raghavachari for R.Marudhachalamurthy, Advocate. For the Respondents:R1 K.Sankaran, R2 S.Parthasarathy, Senior Counsel for M/s Sarvabhauman Associates, Advocates.

Judgment :-

D. Murugesan, J.

The petitioner has questioned the tender notice bearing nos.2/2005 & 3/2005 published in "Dinamani" Tamil daily dated 7.3.2005 in this writ petition. According to the petitioner, he was present in the bank's premises on 22.3.2005 with cash for taking demand draft with a proposal to take part in the tender process. He saw a notice affixed in front of the bank to the effect that the tender will not be received on 22.3.2005 due to the bank officers' strike and the sealed tenders will not be opened on 22.3.2005 and that the last date for receipt of tenders and the opening date will be intimated later. On believing the said notice, he was forced to return and thereafter, without any further intimation, the tenders were received from various persons on 23.3.2005 and they were opened and the bid of K.K.Rangasamy, the second respondent was accepted.

2. On the above averments, the petitioner has questioned the tender notices on the ground that as per Rule 6(2) of the Security Interest (Enforcement) Rules, 2002, the tender notification came to an end on 22.3.2005 and, therefore, the authorised officer ought to have called for fresh tenders in terms of the said Rule



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