Law: Public Procurement Rules, 2004

Section: 2(e),26,49

Public Procurement Rules, 2004--- ----Rr.2(e), 26 49---Public procurement---Valid contract---Bid validity---Bidding process---Remedy of arbitration---Appellant authority was aggrieved of order passed by Judge in Chambers of High Court directing release of pay orders deposited by respondent bidder in relation to tender in question---Validity---Respondent bidder conditionally agreed to extension in bid validity period that proposed to change substance of its bid which was impermissible under R.26(4)(b) of Public Procurement Rules, 2004---Condition proposed by respondent bidder for extension of bid validity period was not accepted by appellant authority---Letter of intent issued by appellant authority did not form an agreement for extension of bid validity period under R.26 of Public Procurement Rules, 2004---Division Bench of High Court declined to interfere in order passed by Judge in Chambers of High Court as the same was in consonance with the letter and spirit of R.26(4)(c) of Public Procurement Rules, 2004---Suit instituted by respondent bidder related to another tender and recourse to remedy of suit in that transaction did not stand in the way of respondent bidder to assail letter of intent, as the same was issued without lawful authority and was of no legal effect---Remedy of arbitration visualized under R.49 of Public Procurement Rules, 2004, which provided for resolution of disputes between parties to the contract was not available in the present case as there was no contract as defined in R.2(e) of Public Procurement Rule, 2004, inter se the appellant authorities and respondent bidder---Dispute was essentially related to extension of bid validity period under R.26 of Public Procurement Rules, 2004---Intra Court Appeal was dismissed, in circumstances. JUDGMENT RAHEEL KAMRAN, J.----The appellants have assailed the order dated 26.10.2022 passed by the learned Single Judge of this Court whereby Writ Petition No.8331 of 2022 filed by respondent No.1 was allowed while setting aside the order dated 13.05.2022 and the appellants were directed to forthwith release the pay orders to the said respondent which were submitted by it in relation to Tenders No.116/21…

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