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Judgment
Vaibhavi D. Nanavati, J
Heard learned advocate Mr.Paras Sukhwani for the petitioner.
It is stated by the learned advocate for the petitioner that the petitioner submitted a bid document pursuant to the online tenders for Designing,
Providing, Lowering, Laying, Jointing, Testing and Commissioning of Sewerage network with pump house and all electromechanical works etc., at
Khapat and Dharampur (Shrijinagar) area along with Two (2) years operation and maintenance at Porbandar Chhaya Joint Municipality by Tender
Notice No.PBR/NP/UGD/ KHAPAT/20-21/R01. It is stated that the petitioner submitted EMD, Tender Fee and other documents as required through
email mode. It is stated that the petitioner submitted online tender on 04.03.2021 and sent the physical documents by speed post on 04.03.2021 bearing
article No.EG331180813IN along with original Demand Draft of Rs.38,04,450/-dated 04.03.2021 towards the EMD and bid security.
It is further stated by the learned advocate for the petitioner that the respondent, by the letter dated 27.04.2021 through email on 28.04.2021 i.e. after
51 days of the receipt of the speed post, communicated to the petitioner that the packet was open at the time when it was delivered to the respondent-
authority and there was no Demand Draft and EMD. It is stated that the petitioner sought 15 to 20 days' time for issuance of a new Demand Draft.
The said request of the petitioner has not been answered and not considered by the respondent-authority and the name of the petitioner did not appear
in the bid since he did not qualify.
The petitioner is aggrieved by the aforesaid action of the respondent-authority of communicating the petitioner belatedly about the physical delivery of
the documents duly sent by him through speed post. The petitioner has relied on the deposition of the Post Master and the Postman, who have stated
that the packet was intact when the same was delivered to the respondent-authority.
Let Notice be issued making it returnable on 07.06.2021.
Direct service permitted.