R. Gopinatha Kurup, Anjali vs The Travancore Cements Ltd. and The Managing Director, The Travancore

Antony Dominic, J.—Petitioner was the successful tenderer in the tender invited by the 1st Respondent for the sale of construction grade sand dredged out from Akkulam Lake in Thiruvananthapuram. In terms of the tender conditions, Petitioner ought to have remitted the tender amount within 7 days, which he did not do. On the other hand, he requested for relaxation of the payment terms. That was considered, and by Ext.P4, the Respondents agreed that the Petitioner can remove the sand within 20 working days. Now the Petitioner has approached this Court praying that he be permitted to remit the amount in four instalments.

I heard the standing counsel appearing for the Respondents, who opposes the prayer.

Admittedly, the issue is contractual, and the parties are bound by the terms thereof. Therefore, unless the Respondents agrees, this Court will not be justified in diluting the tender conditions or granting any instalment facility. Therefore, I am not persuaded to grant the reliefs sought for.