Allahabad High Court
Dilshad vs State Of U.P. And 4 Others on 2 December, 2013
Bench: Arun Tandon, Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- WRIT - C No. - 54906 of 2013
Petitioner :- Dilshad
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Dinesh Kumar Chadha,Shri Krishna Shukla
Counsel for Respondent :- C.S.C.,D.K.Kulshrestha,R.D. Mishra
Hon'ble Arun Tandon,J.
Hon'ble Anjani Kumar Mishra,J.
After lunch when the case was called out today, Sri Krishna Shukla and Sri Deepak Kulshrestha, Advocate further enhanced their bids during the open Court proceedings. The last bid offered by Sri Krishna Shukla was Rs. 25,00,000/- while that offered by Sri Deepak Kulshrestha was Rs. 26,00,000/-.
The bids offered on behalf of respondent no. 5, Sri Akeel through his Advocate Deepak Kulsherstha is therefore accepted.
The respondent no. 5 has prayed for a months time to deposit the entire amount in terms of the bid offered by him. He has already deposited a sum of Rs. 13,75,000/- as recorded earlier. The balance amount may be deposited on or before 2nd January, 2014 by way of bank draft with the Nagar Nigam, Aligarh. In case of default the contract settled in favour of the respondent no. 5 shall stand cancelled without further reference to the Court.
The grievance of the petitioner in the present writ petition was that the respondent nos. 1 to 5, are not permitting bidders like the petitioner to participate in the contractual right to operate the slaughter house. The petitioner stated that he shall offer a bid of Rs.13,65,000/- for the same contract which has been settled in favour of the respondent no. 5 for sum of Rs.7,00,000/- only.
Having regard to the allegations made in the writ petition on 09.10.2013 this Court granted an interim stay order whereby the contract awarded was put in abeyance vide order dated 27.11.2013.
The respondent no. 5 appeared and offered a bid of Rs. 13,75,000/-. The Court permitted him to deposit the balance amount which he has furnished today through bank draft of Rs. 6,75,000/- as noticed in the order passed before lunch by this Court. The petitioner and respondent no. 5 were permitted to raise their bids during the open Court proceedings. The same contract has now fetched a bid to the tune of Rs. 26,00,000/- which in our opinion is fair and just.
The grievance of the petitioner also stands satisfied by permitting him to participate in the bidding.
The writ petition is therefore disposed of by recording the highest bid submitted by the respondent no. 5 to the tune of Rs. 26,00,000/- be accepted and the contract be awarded in his favour on the terms as advertised with the condition that he shall deposit the balance amount on or before 2nd January, 2014 failing which the contract shall stand cancelled.
The money deposited by the petitioner through bank draft to the tune of Rs. 13,65,000/- as well as security money if any may be returned to him within a week from the production of a certified copy of this order.
Order Date :- 2.12.2013
Priyanka
