JABALPUR, India, May 26 -- Madhya Pradesh High Court issued the following judgment/order on April 24:

The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

1. The Hon'ble Court may kindly be pleased to quash order dated 11.5.2012 (Annexure P-5).

2. The Hon'ble Court may kindly be pleased to quash the order dated 20/11/2012 blacklisting the petitioner.

3. The Hon'ble Court may kindly be pleased to hold that the acceptance dated 24.4.2012 was beyond the validity period of the offer and thus, the petitioner was not bound to execute any contract with the respondents.

4. The Hon'ble Court may kindly be pleased to direct the respondents to refund the earnest money of the petitioner along with the interest.

5. Any other writ, order/orders or direction, which this Hon'ble Court deems fit and proper under the facts and circumstances of the case, may also be passed with cost of the petition in the interest of justice.

2. The petitioner is a Construction Company registered under the Public Works Department and participates in government contracts in the State of Madhya Pradesh. The respondents issued NIT Annexure P/2 dated 14.11.2011 for Construction of Main Academic Block (Phase-I) I/C Water supply, sanitary fittings and Electrification works and development work at Government Polytechnic District Anuppur. The Contract amount was estimated Rs.523.58 Lacs and the earnest money was to be deposited was Rs.2,61,800/-. The petitioner participated in the NIT dated 14.11.2011 and deposited the earnest money as required as per Clause 3.1 of the condition of NIT. As per the tender schedule the opening of financial/price bid was on 24.12.2011 at 10:30 AM and it expired on 24.12.2011 at 5:30 PM.

3. It is submitted that more than 4 months the respondents did not pass any order of allotting the tender to the petitioner and also did not issue any work order in favour of the petitioner. Therefore, the petitioner could not apprehend that the respondents have awarded the NIT in favour of the petitioner. It is submitted that as per the conditions of the NIT specifically Clause 4.7, the validity of the offer for tenders within the competence of sanction of Board i.e. above Rs. 150 lacs has a maximum period of is 120 days, therefore, the petitioner forwarded a letter dated 27.4.2012 whereby the petitioner intimated the respondents that the bid submitted by the petitioner was on 18.12.2011 and the period of 120 days expired on 17.4.2012 and thus after the expiry of period of 120 days, the validity of the offer of the petitioner has expired.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2026/MA/119/MA_119_2026_FinalOrder_24-04-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.