TMI Blog2012 (5) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... d 01st November, 2011 passed by this Court is as follows: The petitioners are bidders in connection with a contract between them and National Highway Authority of India Ltd. One of the conditions in connection with the acceptance of bid is that Any bid having bid security for lesser value and shorter validity period shall be treated as non-responsive. According to the petitioners, the earlier bank guarantee was for a shorter period which was subsequently extended and accepted by the authority concerned. Therefore, their financial bid is to be opened. According to the respondents, incorrect period as fixed by the bank guarantee is one of the ground for non opening of the financial bid. It might be mistake or error but in the meant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it will be open to the respondents to proceed with the tender process, but not to declare the result till further orders are passed. Such interim order was passed on 25th February, 2011. As per the own statement of the applicants as made in paragraph-10 of the affidavit, such interim order was not extended by further order of this Court dated 09th March, 2011. For proper understanding, paragraphs-9 and 10 of the affidavit filed in support of the review application are quoted hereunder: 9. That the M/S. Vikas Enterprises being aggrieved by the order of cancellation of the tender process by NHAI on 25.2.2011 has filed the Civil Misc. Writ Petition No. 11719 of 2011 before the Hon'ble High Court of Judicature at Allahabad. The Hon'b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dding documents and it has offered the lowest evaluated bid price. By means of this review application the applicants/ petitioners have taken a ground that when the Court in the erstwhile writ petition i.e. Civil Misc. Writ Petition No. 11719 of 2011, has passed an order to the effect that it will be open to the authority to complete the tender process and declare the result, the result will, however, be subject to final decision of the writ petition. According to their own statement in paragraph-13 of the affidavit filed in support of the review application, such bid is subject to final decision of the said writ petition in view of the order dated 09th March, 2011 passed in such writ petition. Further stand of the applicants is that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be a valid ground for the purpose of review. Following such practice, the Stamp Reporter of this Court has submitted a report at the time of filing the review application. However, no explanation is available with regard to the same. The only explanation as given with regard to the condonation of delay is that as because the Supreme Court decided the matter on 29th November, 2011 directing to file the review application, therefore, there was delay on the part of the applicants/petitioners in filing the same. However, no new question of fact or law is available before us. 6. According to us, this is not such a case where the respondent has come forward with the plea that upon suppression of material facts from the Court about the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , according to the applicants /petitioners, the same is a subject-matter of different writ petition, it will not affect the right of the authority in calling for tender and select one of the tenderers. Lastly, a tenderer's right cannot be construed as legally enforceable right to compel the respondents to accept the bid. It is a question of legitimate expectation and such legitimate expectation is dependable upon facts and circumstances of each case unless the same is outcome of unfair-means or arbitrary and/ or illegal action. We do not find any of such grounds for applying our mind. Therefore, there is no question of passing any affirmative order in the review application as against the reasoned order passed by this Court as on 01st N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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