Calcutta High CourtMAT/387/2025dismissed

General Security And Information Services India Pvt Ltd And ANR v. State Of West Bengal And ANR

2025-04-16The Hon'Ble The Chief Justice T.S Sivagnanam,Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

16.04.2025 Item No.7 Ct. No.01 RP/SM MAT 387 of 2025 with IA NO: CAN/1/2025 GENERAL SECURITY AND INFORMATION SERVICES INDIA PVT LTD AND ANR VS STATE OF WEST BENGAL AND ANR Ms. Sambrita B. Chatterjee, Adv.

....For the Appellants Mr. Sirsanya Bandyopadhyay, Senior Standing Counsel Mr. Ritesh Kr. Ganguly, Adv.

....For the State-Respondent

1. This intra-court appeal is directed against an order dated 26th February, 2025, by which the appellant/writ petitioner has challenged the communication issued by the Medical Superintendent-cum-Vice-Principal, Burdwan Medical College dated 26th September, 2024, was rejected. The appellants claimed for relaxation of the terms and conditions of the Notice Inviting Tender with regard to deposit of performance security after participating in the tender process by accepting the tender condition and after having been declared as a successful bidder. The tender is for a period of one year of which nine months are already over. The appellant sought to rely upon a benefit of reduced performance security/security deposit which was granted during the Covid period. Admittedly, the

tender which was floated, in which the appellant had participated, is much after the reduced performance security notification was issued.

2. In any event, the appellant/writ petitioner having participated in the tender and having been declared as a successful bidder and also continuing to perform the contract of which nine months are already over, the question of changing terms and condition of the tender would not arise. Therefore, the learned Single Bench was fully justified in not granting relief sought for by the writ petitioner/appellant. However, we find no ground to interfere with the impugned order and the appeal fails.

3. Accordingly, the appeal along with the application is dismissed.

4. Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities. [T.S. SIVAGNANAM] CHIEF JUSTICE [CHAITALI CHATTERJEE (DAS), J.]