HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29617 of 2014 Date:16.10.2014 Between:
Shaik Sarwar, S/o Shaik Afzal And:
The A.P. Foods, Hyderabad and another.
. Petitioner . Respondents Counsel for the Petitioner: Sri Abhinand Kumar Shavili Counsel for Respondent No.1: Sri P.Rakesh The Court made the following:
ORDER:
This Writ Petition is filed with the grievance that respondent No.1 has invited only respondent No.2 for negotiations though the petitioner is prepared to reduce his offer to lower than the negotiated price of respondent No.2.
At the hearing, it is not disputed that respondent No.2 has quoted Rs.289/- per MT, while the petitioner has quoted Rs.290/- per MT. Though respondent No.1 would have been well within its right to have accepted the lowest offer of respondent No.2, obviously, to make respondent No.2 to further reduce the offer made by it, it was invited for negotiations, during which it has reduced the offer to Rs.285/- per MT.
In my opinion, respondent No.1 has not committed any irregularity in confining the negotiations only to respondent No.2 whose bid was the lowest.
A person who has offered higher amount by way of sealed tender has no right to expect that he should also be invited for negotiations. If such request is accepted, there is no sanctity for the sealed tenders. If respondent No.1 had straightaway accepted the original offer of respondent No.2, the petitioner would not have any cause to complain. If in the interest of the organisation respondent No.2 was made to reduce his offer further, equally, the petitioner cannot complain such action.
For the above-mentioned reasons, I do not find any illegality in the action of respondent No.1 in accepting the lowest offer of respondent No.2.
The Writ Petition is, accordingly, dismissed.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.36995 of 2014 filed by the petitioner for interim relief is dismissed as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
16th October, 2014 DR