B. MAHADEVU Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The short grievance of the tenderer is as to the respondents requiring him to pay the charges for the period during which he was prevented from operating the tender on account of relapse of Covid-19 pandemic, the repair work and such other things over which he had no control. Learned counsel for the Petitioner submits that Covid-19 pandemic being a vis majeure, the period during which it was there needs to be excluded while computing the tenure of tender. He adds that the same thing should happen when he was prevented from working the tender in question because of repair work and the like.

(2.) Learned advocates appearing for the Respondents vehemently oppose the petition contending that the tender itself is for a period of one year computed from 1/1/2022 to 31/12/2022; Petitioner was squatting on the property for above six months or so even thereafter and therefore, he is liable to suffer forfeiture of the EMD if any and make payment for the excess period. Therefore, the impugned orders cannot be faltered.

(3.) Both the sides having argued the matter as above, now graciously agree with the suggestion of this Court that the representation of the Petitioner for waiver of the period during which he was prevented from operating the tender shall be considered and only thereafter the liability or otherwise of the Petitioner shall be adjudged after giving an opportunity of hearing to him and further all contentions in this regard be kept open.