VIRENDER KUMAR JAIN Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) These petitions involve similar facts and raise common question of law and, therefore, it is proposed to dispose them of by means of this common order.

(2.) The facts in OMP No.82/94 being that in response to the notice inviting tender by the respondent, the petitioner submitted his offer on 26th March, 1992 which was valid for 90 days. The petitioner also deposited a sum of Rs.15,600/- as earnest money and the amount involved in tender was to the tune of Rs.14,30,761.25. Pursuant to an order of the Supreme Court dated 15th May, 1992, all quarries in Delhi were ordered to be closed with a view to control pollution in the city and consequently no stones were to be crushed. On 25th May, 1992, the petitioner sent his revised offer and requested that if revised offer was not acceptable, the earlier offer be deemed to be withdrawn. The respondent, however, did not accept the revised rates and ignoring the modified offer issued a letter of intent No.390 dated 25th May, 1992. According to the petitioner, the said offer was deemed to be withdrawn resulting in non-execution of an enforceable, valid and binding contract. The petitioner again requested the respondent to accept the modified offer vide letter dated 7th July, 1992 and 7th September, 1992. However, the respondent forfeited the earnest money of the respondent on the ground that the tender was validly accepted.

(3.) In OMP No.83/94, the petitioner submitted his offer on 24th March, 1992 valid for 90 days and has deposited earnest money to the tune of Rs.7,100/-, the amount involved in the tender being Rs.6,42,662.25. Pursuant to the changed circumstances in view of Supreme Court order, the petitioner vide his letter dated 25th May, 1992 modified his offer revising the rates but the respondent vide its letter of intent No.391 dated 26th May, 1992 and ignoring the modified offer accepted the initial offer of the petitioner and forfeited the earnest money.