UNION OF INDIA Vs. E UDHAYA KUMAR

JUDGEMENT

(1.) THE appellants are the defendants l and 2 end the Respondent is the plaintiff before the courts below.

(2.) THE respondent/plaintiff filed the suit in O.S.No.346 of 1992 on the file of the Principal Subordinate Judge's Court at Tiruchirappali for recovery of a sum of Rs.29,600 on the following grounds:

(3.) WHEN the second appeal came up for admission, the learned counsel for the appellants/defendants contended that the appellants/defendants after receiving the withdrawal of the plaintiff's offer in Ex.A-2 was forced to select the next awardee of the contract, and the respondent/plaintiff is bound by clause 4 of the tender document marked as Ex.B-1 in this case, wherein the respondent/plaintiff is not entitled to revoke the offer within 90 days from the date of the offer, and the findings of both the courts below that the appellants/defendants are liable to refund the deposit amount of Rs.20,000 with interest is not in accordance with law, and those findings are without any basis, and the judgment of both the courts below are vitiated for non-application of mind, and hence the second appeal must be admitted. All these contentions raised on behalf of the appellants/defendants in this second appeal cannot be upheld for the following reasons.