Hon'ble Yogendra Kumar Sangal,J.
Contractual assignment given to the petitioner in terms of agreement (Annexure-6) was expired on 31.3.2010. In pursuance to Clause 6.6 of the agreement the petitioner has furnished fresh bank gaurantee of Rs. 8,0000000/-(eight crores) on 31.3.2010 and the contract was extended for further period by the respondents. By impugned advertisement fresh tender has been invited by the respondents.
The submission of the learned counsel for the petitioner is that the extended contract has not been canceled till date by the respondents and no notice was served by the respondents with regard to cancellation of contract, hence, respondents are not entitled to invite fresh tender by impugned publication in newspaper.
Submission made by the petitioner's counsel carries weight. In case, assignment given to petitioner has been extended for further period on furnishing of bank guarantee of eight crores then respondents are not justified calling freshtender by advertising afresh in newspaper. It has been admitted by the respondents that no notice was served on the petitioner with regard to cancellation of contract.
In view of above, till next date of listing, we stay the impugned advertisement as contained in Annexure-1 to the writ petition and petitioner may be permitted to continue with the contractual assignment in terms of original agreement for the extended period. However, it shall be open to the respondents to proceed afresh in accordance to law.
Four weeks' time is allowed to file counter affidavit, a week for rejoinder affidavit. List thereafter.
Order Date :- 16.6.2010 Madhu