CAV Order

1. The petitioner is a company incorporated under the provisions of the Companies Act , 1956, aggrieved by the communication dated 26/07/2013 by which the respondent No.3/Deputy Commissioner C.G. Housing Board, Raipur, (C.G.) communicated to the petitioner that the Earnest Money Deposit (E.M.D.) would stand forfeited and the same will not be refunded to the petitioner.

2. (i) The main contention of the petitioner, in short, is that the respondent C.G. Housing Board (for short ‘the Board’) issued NIT for execution of (External Electrification Work i/c Under Ground Cable System) for Twin City Taluri, Aamdi Ruabandha, Bhilai, Durg. The E.M.D. to be deposited at the time of submitting the tender form was Rs.10 lacs, whereas the tender amount was Rs.16.64 Crores. Clause 3.1 of the NIT provided that Rs. 5 lacs will be refunded to the unsuccessful tenderer on the rejection of the tender. The petitioner submitted its tender form and was declared L-1 after opening of the tender. As per Clause 4.7.1 of the NIT, the validity period of the offer was 120 days only. The said period started from 28/08/2011 which was expired on 27/12/2011.

(ii) The petitioner further contended that they ha