Petitioner is awarded certain work by the 3rd respondent and as per Ext.P3 dated 20/04/2013. He was called upon to deposit a performance bank guarantee for Rs.27,21,322/- and security deposit of Rs.2,00,000/-. According to the petitioner, the aforesaid condition is absolutely illegal as there is no provision in the contract to call upon the petitioner to provide such a performance bank guarantee. The petitioner has already provided the said bank guarantee and deposited the security deposit subject to further orders to be passed in this case.
2. The petitioner contends that as per PWD Manual approved in 2011, he has no obligation to provide such a performance bank guarantee as the quoted rate is not less than 25% of the estimated rate. Petitioner has quoted the rate at 17% less than the estimated rate.
W.P.C.No.11757/ 2
3. The learned Government Pleader relied upon the PWD Manual of 2012 which inter alia provides that if the quoted rate is less than the estimated rate, to that extent the Contractor is under obligation to provide performance bank guarantee.
In such circumstances, I do not think that the petitioner has ventilated any legal grievance to substantiate the writ petition and accordingly the same is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr