Madras High Court
M/S.South India Oil Corporation vs Indian Oil Corporation Limited on 23 August, 2023
W.A.No.1963 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1963 of 2023
and CMP No.16706 of 2023
M/s.South India Oil Corporation,
Rep. by its Proprietor,
Mr.R.Massodahmed,
S.F.No.229/2, Kumbakonam High Road,
Rinnalur Village and Post,
Chidambaram, Cuddalore 608704. ... Appellant
-vs-
1. Indian Oil Corporation Limited,
Rep. by its General Manager (Contract
Cell), SRO, Marketing Division,
Southern Region, Indian Oil Bhavan,
No.139, Uthamar Gandhi Road, (Nungambakkam
High Road), Chennai 600 034.
2. Indian Oil Corporation Limited,
Rep. by its Chief General Manager (OPS)
Tamil Nadu State Office,
No.139, Uthamar Gandhi Road, (Nungambakkam
High Road), Chennai 600 034. ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against
the order dated 21.04.2023 in 3370 of 2023 on the file of this Court.
Page 1 of 6
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W.A.No.1963 of 2023
For the Appellant : Mr.S.Arivazhagan
*****
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.S.Arivazhagan, learned counsel for the
appellant.
2. The appellant was issued with a letter of acceptance pursuant
to the participation in the tender on 29.12.2022 by e-mail. The
appellant was required to submit security deposit and execute an
agreement within fifteen days from the date of the receipt of the letter
of acceptance. The appellant submitted the bank guarantee on
18.01.2023. It is submitted that the agreement was executed on
04.01.2023.
3. The respondents cancelled the letter of acceptance on the
ground that within fifteen days the security deposit was not made.
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W.A.No.1963 of 2023
4. The learned counsel for the appellant submits that in the
intervening period, there were holidays, as such, the bank guarantee
was submitted on 18.01.2023, however, the same was applied on
12.01.2023 which is within fifteen days. Moreover, the physical copy
of the letter of acceptance was received by the appellant only on
02.01.2023. The holidays will have to be excluded. The learned
Single Judge did not consider the said aspect.
5. The appellant participated in the tender process floated by the
respondents for transporting bulk petroleum products. The appellant's
bid was accepted. The appellant was issued with a letter of
acceptance on 29.12.2022. The appellant was required to submit the
security deposit on or before 12.01.2023. The appellant has
submitted the bank guarantee on 18.01.2023. The Pongal holidays
were not on or before 12.01.2023.
6. The clauses of the tender are binding on the parties. The
learned Single Judge has properly construed the said clauses and has
https://www.mhc.tn.gov.in/judis
W.A.No.1963 of 2023
held that the appellant failed to comply with the tender conditions.
In light of that, no case for interference is made out. The writ
appeal is dismissed. There will be no order as to costs. Consequently,
connected miscellaneous petition is closed.
(S.V.G., CJ.) (P.D.A., J.)
23.08.2023
Index : Yes/No
Neutral Citation : Yes/No
sra
https://www.mhc.tn.gov.in/judis
W.A.No.1963 of 2023
To
1. The General Manager (Contract Cell)
Indian Oil Corporation Limited, SRO,
Marketing Division, Southern Region,
Indian Oil Bhavan, No.139, Uthamar Gandhi
Road, (Nungambakkam High Road),
Chennai 600 034.
2. The Chief General Manager (OPS)
Indian Oil Corporation Limited,
Tamil Nadu State Office,
No.139, Uthamar Gandhi Road, (Nungambakkam
High Road), Chennai 600 034.
https://www.mhc.tn.gov.in/judis
W.A.No.1963 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(sra)
W.A.No.1963 of 2023
23.08.2023
https://www.mhc.tn.gov.in/judis
