THE MEMBER SECRETARY, MAHARASHTRA TRIBLE PUBLIC SCHOOL SOCIETY AND COMMISSIONER Vs. SHANKARRAO UTTAMRAO PATIL AND ORS.

JUDGEMENT

(1.) THE appeal is filed against the judgment and decree of Special Civil Suit No. 26/2011 which was pending in the Court of Civil Judge, Junior Division, Nandurbar. The suit, filed for recovery of money by the present respondent No. 1 is decided in his favour.

(2.) BOTH sides are heard.

(3.) THE original defendant contested the suit only on two grounds. It is the case of the defendant that one of the conditions for filling the tender was that contractor had competed work of value of more than Rs. 11 crores within three years prior to the date of tender. It is contended that this condition was not fulfilled. It is also contended that one work at Serial No. 6 mentioned in the tender form by the plaintiff was not of category of building construction and therefore eligible conditions were not fulfilled. It is contended that due to these reasons, the proposal of the plaintiff was rejected. It is contended that as per the terms and conditions published in general conditions of the contract, the defendant had a power to forfeit the earnest money.