TMI Blog2016 (3) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... tition. It was only when the respondents filed the reply to the effect that such false affidavits and the false certificates were produced by the petitioner before the respondent-authority in order to procure the tender in question, the petitioner has filed the rejoinder stating that the same was done by his Advocate without his knowledge. The said contention is not believable inasmuch as the petitioner himself had filed the affidavit dated 18.10.2014 (Annexure-3), stating interalia that the Commercial Tax certificates issued by the Dy. Commissioner on 21.08.2014 and 14.10.2014 submitted by him were correct and genuine. When the said two certificates submitted by the petitioner raised suspicion about their genuineness, the respondents had i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the respondent-JDA for the development of Bagrana Kachhi Basti under Rajeev Awas Yojana, Agra Road, Jaipur, Package 1B (G+3) 816Du's. The technical bid for the said work was opened on 29.09.2014. The respondentauthority after examination of the documents, etc., submitted by the bidders, prepared the evaluation sheet. In the said process, only two bidders i.e. the petitioner and one another had submitted the bank guarantee worth ₹ 62,00,000/- by way of fixed deposit. On 10.10.2014, the respondents directed the petitioner to submit the Vat clearance certificate. The petitioner submitted two Vat clearance certificates, one dated 14.10.2014 and one dated 21.08.2014 allegedly issued by the Dy. Commissioner, Commercial Tax Departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t such decision could not have been taken without giving any opportunity of hearing to the petitioner as contemplated under Section 11 of the said Act, and that the respondent has already written the impugned letter dated 08.06.2015 to the concerned Bank seeking invocation of the bank guarantee submitted by the petitioner. According to him, though the Vat clearance certificate submitted by the petitioner alongwith his affidavit dated 18.10.2014 (Annexure-3) was forged one, the petitioner was not aware about the said forgery as he had relied upon his agent i.e. the Advocate, whose services have now been terminated. He further submitted that the petitioner had thereafter submitted the certificate dated 14.10.2014, which was genuine one and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the same was done by his Advocate without his knowledge. The said contention is not believable inasmuch as the petitioner himself had filed the affidavit dated 18.10.2014 (Annexure-3), stating interalia that the Commercial Tax certificates issued by the Dy. Commissioner on 21.08.2014 and 14.10.2014 submitted by him were correct and genuine. When the said two certificates submitted by the petitioner raised suspicion about their genuineness, the respondents had inquired from the concerned authority, who vide the letter dated 14.11.2014 (Annexure-R/5) intimated that no such certificates were issued by him. The respondents thereafter had taken the decision to invoke the bank guarantee furnished by the petitioner towards the bid security. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to debar the petitioner as alleged by him. The respondent-authority has only written the letter to the concerned Bank for invocation of the bank guarantee as the petitioner was found to have submitted forged certificates to procure the tender. The law relating to invocation of Bank guarantee is well settled by the Supreme Court in case of UP State Sugar Corporation vs. Sumac International Ltd., AIR 1997 SC 1644, in which it has been held interalia that the courts should be slow in granting injunction against the invocation of Bank guarantee given in commercial dealings. 10. In that view of the matter, the Court is of the opinion that the petitioner being guilty of suppression of material facts and having not come with clean hands, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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