M. KATJU, RAKESH TIWARI, JJ.

( 1 ) HEARD learned counsel for the parties.

( 2 ) THE petitioner has prayed that the respondents be directed to entertain and consider the petitioners tender in pursuance of the tender notice dated 29. 7. 2002. The last date and time of submitting the tender in pursuance of the tender notice dated 29. 7. 2002 was 21. 8. 2002 by 12. 00 noon. It has been alleged in paragraph 4 of the writ petition that because of traffic Jam, the petitioners driver could not reach at the office of the respondents at 12. 00 noon but reached there at 12. 10 p. m. , that is, he was late by 10 minutes. Although, in paragraphs 6 and 9 of the counter-affidavit, it has been stated that in fact the petitioners tender was not given on 21. 8. 2002 but was given on 22. 8. 2002, but even assuming that the allegation of the petitioner is correct, there is no doubt that the tender was late by 10 minutes.

( 3 ) IN our opinion, time is of the essence in such matters, otherwise the legal position will be totally chaotic. For example, if in an election on the election day, the voting can take place from 8. 00 a. m. to 4. 00 p. m. ana a voter reaches the polling station at 4. 10 p. m. and

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