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2015 (10) TMI 2690 - HC - Indian LawsQualification for tenders - Mode of depositing payment of EMD - disqualification only on account of tendering of EMD through FDR - Held that:- The petitioners never intended to participate in the tender process without payment of EMD. Only the mode of depositing such amount was the cause of some confusion. As noted above, such confusion was possible on account of the inadvertent error on the part of respondent No.2 Municipality. Bona fides of the petitioners can be judged from the fact that they did deposit the entire amount; the mode alone being not to the satisfaction of the Municipality. We do not at all dispute the authority of the Municipality to insist on collecting the EMD in a particular mode and no other. If the issue was as clear as that, the petitioners could not have sought qualification without fulfilling such requirement in the manner insisted by the Municipality. However, when we find that ample confusion was possible that too, due to the conditions prescribed by the Municipality and when we also find that the condition of depositing EMD was satisfied, though the mode of such deposit, due to peculiar facts, varied from that specified in the tender conditions, we do not find that the action of the Municipality disqualifying the petitioners was justified. We have proceeded on the basis that the petitioners were disqualified only on account of tendering of EMD through FDR. In the result, respondent No.2 Municipality shall consider the petitioners qualified for being considered in the tenders in question, of course, subject to fulfillment of all other requirements. Their financial bids would be opened and would be considered in competition with other qualified contractors.
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