Case Law Details
Union of India Vs Jindal Rail Infrastructure Limited (Delhi High Court)
Facts- The petitioner (Ministry of Railways) invited tenders for the manufacture and supply of some wagons. The respondent (JIRL) submitted the bid and was declared the lowest bidder. Accordingly, the petitioner issued a Letter of Acceptance to the respondent for the supply of wagons.
Thereafter, the parties entered into the contract and the petitioner issued an order for supply of 1871 wagons. In terms of the Optional Clause, the petitioner reserved the right to increase/decrease the ordered quantity up to 30% of the ordered quantity during the currency of the Agreement, on the same price and terms and conditions, with a suitable extension in the delivery period for the optional quantity.
Accordingly, the petitioner awarded a contract for supply of 1075 wagons to L-2 tenderer at the rates quoted by the said tenderer. Aggrieved by the dual pricing followed by the petitioner, the respondent raised its grievance with the petitioner and sought parity of treatment and fixation of uniform pricing for the wagons.
In the meantime, another tender was floated by the petitioner and the respondent was awarded another contract for supply and manufacture of 292 BOXNHL wagons.
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