Procurement Notices - IN: Karn Municipal Reform | The World Bank
ko-en.info, Tender Name, Tender Number, Tender Category, Tender Opening Date, Tender Closing Date, Tender Division, Tender Sub Division, Tender File. Bangalore has a well-planned water supply and sewage system, which is designed management of water resource followed by its revised and up-dated version in While Karnataka Government decided to invite global tenders for. The defendant by his letter dated accepted the plaintiffs tender as with Sec of the Bangalore Water Supply and Sewerage Board Act?.
No doubt it is true that in Ex. This is clarified in the evidence of D. W 1 who stated that the confirmation for engaging the cranes for the fourth operation would be given after the clearance of the steel plates from the plaintiff's yard. However, the fact remains, as per Ex. Therefore, as pointed out by the trial Court, Ex.
As regards the validity of the notice as put forward by the counsel for the appellant, it has already been dealt with by the trial Court in detail. According to the counsel, the said notice Ex. Both the sections would contemplate that the suit cannot be validly instituted until the expiration of the period of two months next after the notice in writing has been delivered to the authorities concerned. If the suit is filed before the expiry of the said period, the suit has to be dismissed as not maintainable.
The object of both the sections is the same. What has to be considered is whether the notice gives sufficient information as to the nature of the claim such as would enable the authority who received the notice to avert the litigation. In this case, the suit was laid by the plaintiff more than two months after It is to be further noted that there is no reply at all from the defendant for the notice Ex.
Therefore, we have no reason to differ from the finding by the learned single Judge to the effect that though the notice was issued under Section 80, CPC the notice must be deemed to have been issued in terms of Section of Bangalore Water Supply and Sewerage Act, inasmuch as all the details with regard to the claim, the amount due and the facts required to be incorporated in the suit have been clearly given in the notice.
It is settled law that the quoting of wrong section would not disentitle the party to exercise their right as conferred on them under the Act. Therefore, in our view, the notice shall be construed to be valid and the same has been issued in conformity with law.
The next and most important aspect is relating to the rate of interest. According to the counsel for the appellant, the details of the rate of interest were not mentioned in the terms of the agreement nor in the letter correspondence between the parties. But, it must be noted, as pointed out by the counsel for the respondent, that the bills Exs. Even in the notice Ex. The above notice was admittedly received by the defendant on Much earlier to this legal notice, the plaintiff sent a letter Ex.
For this letter, the Executive Engineer of the defendant Board chose to send Ex. Despite this assurance, there was not move on the part of the defendant for settling the claims.
While so, the plaintiff was surprised to receive a letter Ex. Only thereafter, the plaintiff through its counsel sent a notice Ex. In this context, it is to be noticed that in the bills, viz.
On receipt of these bills, it is stated that the portion of the amount of these bills also has been paid by the defendant. It is, therefore, to be concluded that though in the agreement, the rate of interest is not mentioned, it is mentioned in the bills, the letters and the legal notice which was sent by the plaintiff on It is pertinent to note, as indicated earlier, that there is neither reply for the said notice nor any indication in any of the letter correspondence denying the rate of interest.
Even in the evidence of D. Ws 1 and 2 examined on behalf of the defendant, nothing was brought out that the defendant did not agree for the said rate of interest. W 1 in the chief examination would refer about the bills indicating the rate of interest printed therein. The only suggestion put to P. W 1 in the cross examination is that the plaintiff is not entitled to claim such an exorbitant rate of interest. The answer for the said suggestion by P.
In such circumstances, we do not find merit in the submission made by the counsel for the appellant regarding the rate of interest. Let us now refer to the authorities cited by the learned counsel for the appellant in regard to said aspect. In Mahabir Prasad Rungta v. Interest for a period prior to the commencement of suit is climbable either under an agreement, or usage of trade or under a statutory provision or under the Interest Act, for a sum certain where notice is given.
Interest is also awarded in some cases by Courts of equity. Bengal Nagpur Railway Co. Ruttanji Ramji and others1 MLJ In the present case no agreement about interest was made, nor was it implied. The notice which was given did not specify the sum which was demanded, and, therefore, the Interest Act does not apply.
The present case also does not fall within those cases in which Courts of equity grant interest. Learned counsel for Durga Datt claimed interest as damages; but it is well-settled that interest as damages cannot be awarded. Interest up to date of suit, therefore, was not claimable, and a deduction shall be made of such interest from the amount decreed. As regards interest pendente lite until the date of realisation, such interest was within the discretion of the Court.
In State of Maharashtra v. As we have observed herebefore that so far as the claim of interest is concerned, there is no condition what so ever in the tender awarding or contemplating the payment of interest by the department to the contractor.
Obviously, therefore, the claim of the contractor would be governed by this Interest Act, In Section 3 1 b of the Interest Act, it is provided that in the proceeding for recovery of damages, the Court may allow interest to a person entitled to damages at the rate not exceeding the current rate of interest. Now, the current rate of interest has been defined in Section 2 b of that Act as the highest of the maximum rates at which the interest may be paid on different classes of deposits by different classes of Scheduled Banks in accordance with the directions given or issued to the Banking Companies, generally by the Reserve Bank of India under the Banking Regulation Act.
In the instant case, apart form the notice Ex. In the very same decision as referred to above, it is said that if the plaintiff can establish that this is a commercial transaction, then he can certainly agitate that question and say that he is entitled to the interest rate mentioned in the bills and the notice, which is the normal lending rate by the Banks.
It is the specific case of P. W 1 during the course of cross examination that it is a commercial transaction.
How long before BWSSB’s Cauvery Stage V reaches Bengaluru?
There is no contra evidence adduced by the defendant. In justification of the finding by the trial Court, Mr. Kesavanath Devay, the counsel appearing for the respondent would cite some authorities, which we shall refer one by one. In Banda Venkata Subbarao v.
Bangalore Water Supply and Sewage Board Tenders - BWSSB Tenders
Balasubrahmanyam, 2 A. Rthe High Court of Andhra Pradesh would observe as follows: It is not clear on what authority this proposition is based.
For, the position is just the reverse, viz. So that, if in Exhibits A and A-1 1 there is the stipulation to pay interest as 12 percent per annum, the inference would be that the buyer was bound by it, unless it was shown by him that he had no knowledge of the said clause. That does not seem to be the case of the defendant. This decision, in our view, does apply to the case on hand in all fours.
Bangalore Water Supply and Sewerage Board
The defendant did not deny the knowledge about the same. However, the counsel for the respondent would cite some more authorities, in order to stress his point that the plaintiff is entitled to the same rate of interest till the date of realisation of the suit amount. In Syndicate Bank v. The same principles should be applied for determining the reasonable rate of pendente lite interest.
The burden is on the appellants to show such circumstances. Nothing has been spelled out before us so as to decline the award of interest at the contract rate from the date of suit still the date of decree. On the strength of these decisions, it is strenuously argued by the learned counsel for the respondent that there should not be any reduction from the contract rate for the period up to the point of realisation, as nothing has been made out by the defendant before the Court for the reduction of the rate of interest from the contract rate.
In this connection, it shall be taken into account the observation made by the Apex Court in Mahabir Prasad Rungta v. Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six percent per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions.
For the purpose of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.
Thus, it is well-settled that interest for the period prior to the suit is payable under an agreement or usage or under the Interest Act. After the institution of the suit the award of interest is governed by provision of Section 34 of the Code of Civil Procedure. It cannot be disputed that in the present case, the liability has arisen out of a commercial transaction, and that under Section 34 of CPC. It is equally true that the discretion is to be exercised on sound judicial principles.
Section 34 deals with two stages in regard to the grant of interest, viz. As the Apex Court holds, pendente lite interest can be awarded at such rate as the court deems reasonable.
As referred to earlier, the Division Bench of this Court in K. Subbiah Iyer, 1 MLJclearly pointed out that no hard and fast rule can be laid down either with reference to the percentage of interest or with reference to the nature of interest, whether simple or compound, for the purpose of determining whether the rate of interest charged in a particular case was excessive or not.
Therefore, the exercise of the judicial discretion in fixing the rate of interest would squarely depend upon the facts and circumstances of each and every case.
In our opinion, Section 34 of CPC leaves it to the discretion of the Court as to what interest is to be decreed by way of pendente lite interest. During a progress-review meeting held on May 26, at the BWSSB head office, senior officials took note of the initiatives and hiccups in supplying water to the newly added villages.
The larger plan is to direct the surplus water from the project to core areas and 8 Urban Local Bodies ULB in the next decade It is then pumped to Toraikadanahalli water treatment plant. Treated water from Toraikadanahalli is pumped into Bengaluru through pipelines and Harohalli and Tataguni pumping stations.
Diagram of water flow under Cauvery Stage V. Sewerage distribution networks for kms and distribution mains for kms Main sewers covering kms and lateral sewers covering kms 14 STPs with the following capacities: The survey has estimated the flow in each ISPS for the year based on the proposed design: Once the loan of Rs crore from Japan International Cooperation Agency JICA was approved by the Centre in January, the board started the process of finalising tenders to execute the project, especially to build a parallel-sixth line to transport water into the city.
Right now, the board is waiting for an Expression of Interest EOI to come from a global tender to offer design and consultancy expertise for the construction of the water distribution system.
The first part consists of a presentation outlining the design specifications that is already complete. Next, a global tender has to come forward, and companies need to disclose their past records as this is a large-scale project with international appeal. The work has just begun in 64 villages, while 21 villages have been untouched. The BWSSB is aiming to finish the laying of pipelines in eight more villages in next few months, and has started receiving connection applications from residents.
The department has come up with certain observations for improvement, after studying the progress made on the project. The most significant area that needs quality implementation is identified to be the installation of meters for measuring water consumed and lost, valves and valve chambers. The table below shows the number of valves procured and installed in the five zones up to May 26,