SIVA KUMAR TRADERS Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is filed assailing the Order No. TA/Marketing/Cell Services/2002-03 dated 29.04.2003 and the consequential proceedings Letter No. TA/Mktd/Cell Corr/KW/Pt dated 18.06.2003 forfeiting an amount of Rs. 2,00,000/- deposited by the petitioner firm towards Earnest Money Deposit (for short, 'EMD'). Heard Sri A. Prabhakara Sarma, learned counsel for the writ petitioner and Smt. P. Sharada, learned Standing Counsel for the respondents.

(2.) The facts pertinent and essential for disposal of the present writ petition are as under:

(3.) This Court, on 17.11.2005, issued Rule Nisi and dismissed WPMP No. 25004 of 2004. A counter affidavit is filed on behalf of the respondents and while denying the averments made in the writ affidavit it is stated in the said counter affidavit that the contention of the petitioner that the tender conditions did not stipulate clause for forfeiture of EMD cannot be accepted as the EMD is the sum paid as an assurance that the tenderer would abide by the terms and conditions and in the event of failure to adhere to the same, the same would be forfeited. The only question which falls for consideration of this Court in the present writ petition is whether the respondents are justified in forfeiting the EMD paid by the petitioner along with the tender application for dealership.