S.J. VAZIFDAR, J.

1. One Sushil Bansal carries on business in the firm name and style of the second respondent-Sushil and Company, as a sole proprietor thereof.

2. The petitioner has challenged the award of a contract in favour of the 2nd respondent on the ground that the 2nd respondent had failed to fill in the tender document in accordance with the provisions of the Notice Inviting Tender.

3. The first respondent invited e-tenders for appointing handling and transport contractors and road transport contractors. The petitioner and the 2nd respondent had submitted their bids. The 2nd respondent’s bid was admittedly more competitive. The petitioner, however, contends that the 2nd respondent’s bid is liable to be rejected on the ground that he failed to fill in a forwarding letter as required by the Notice Inviting Tenders (NIT). Clause-3 of the forwarding letter as filled in by the 2nd respondent reads as under:-

“I agree to keep the offer open for acceptance upto and inclusive of As per MTF and to the extension of the said date by 30 days in case it is so decided by the General Manager. I/We shall be bound by communication of acceptance of the offer dispatched within the time