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2014 (8) TMI 514 - HC - Indian LawsViolation of tender conditions - Tender for leasing of shops - Rejection of bids - Non fulfillment of conditions of requirements of tender - Lack of service tax number - Held that:- A perusal of the written statement of the official-respondents shows that in fact the petitioners have filed such affidavit on November 4, 2011 attested by the Notary Public and not by the Executive Magistrate. The petitioners were called upon to file affidavit vide communication dated November 17, 2011 attested by the Executive Magistrate. Learned counsel for the respondents could not point out any guidelines, instructions or statutory provisions as to why the affidavit is required to be attested only by Executive Magistrate. The Notary Public is authorised with the power of attestation of affidavits under the Notaries Act, 1952. Therefore, we find that affidavit filed by the petitioners attested by the Notary Public within the time of submitting tenders, meets the requirement of the tender conditions. As regard the issue of lack of service tax number by the petitioners, such requirement is not a requirement by statute. The chemists under the Finance Act, 1994 are not required to have registration with service tax authorities. The committee was right in proposing the minor deviation so as to have service tax registration after the finalisation of the bids from the successful bidder. - present is 4th/5th attempt to lease out the shops situated in the medical college/hospital premises. The non-leasing of such shops is causing great inconvenience to the public. Therefore, we deem it appropriate to direct the administration to open the financial bids of the petitioners and process the same in accordance with law - Decided in favour of petitioner.
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