ABHILASHA ENTERPRISES Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present appeal under Clause 10 of the Letters Patent has been filed by the appellant/ M/s Abhilasha Enterprises, which is a sole proprietorship concern, impugning judgment dated 17.07.2018 rendered by the single Judge in Writ Petition (Civil) No. 2312/2017, whereby the single Judge has dismissed the writ petition filed by the appellant, denying the appellant's claim for refund of earnest money deposit made with the respondent.

(2.) Notice was issued in the appeal vide order dated 31.08.2018, limited to the legal issue sought to be raised under Section 74 of the Indian Contract Act, 1872, on which date the Court recorded as under:-

(3.) The genesis of the matter is a bid placed by the appellant in response to a public notice dated 04.01.2017 released by the respondent/ New Delhi Municipal Council for e-auction of licence for running the NDMC Tourist Lodge (also known as Asian Hotel) situate near Ashoka Road & Jantar Mantar Road Crossing, Janpath Lane, New Delhi.