SOUTHERN CARGO & LOGISITICS A REGISTERED PARTNERSHIP FIRM Vs. CHIF COMMERCIAL MANAGEAR, WESTERN RAIWAY STATION & ANR.

JUDGEMENT

(1.) The petitioner, a partnership concern, dealing in business of cargo and logistics, has approached this Court seeking a direction to quash and set aside the letter dated 19/24th April, 2013 addressed by respondent no.2 to the petitioner, thereby informing the petitioner that the amount of Earnest Money Deposit (EMD) and guarantee amount tendered by the petitioner along with the offer is being forfeited in terms of Clause 13 of the terms and conditions of the tender document. According to the petitioner, the said action of the respondents is patently illegal and according to the petitioner the offer submitted by him was never a conditional offer resulting into forfeiture of his EMD and guarantee amount, as sought to be construed by the respondents.

(2.) For appropriate adjudication of the matter in hand, it is necessary to refer to the essential chronology of events leading to the present adjudication:

(3.) The present case in hand revolves around the applicability and interpretation of Clause 13 (d) quoted above.