DILEEP KUMAR SAH Vs. GENERAL MANAGER, EASTERN RAILWAY

JUDGEMENT

(1.) Party/Parties is/are represented in the order of their name/names as printed above in the cause title.

(2.) At issue in this writ petition is the communication dated 25th August, 2017 of the Respondents/Eastern Railway (for short ER), Howrah addressed to the petitioner, inter alia, withdrawing/cancelling the Offer Letter (OL) as communicated to the petitioner in response to the tender bid submitted by him on the 17th of April, 2017 for leasing of Parcel Van Space (for short PV Space) in Train No. 53041 ex Howrah to Jaynagar Express. The petitioner's contention is that in response to the OL issued to him on the 19th of June, 2017 to enter into an agreement with the ER for successful conclusion of the Contract, due to his medical condition, the petitioner had sought extension of time. However, since the Contract Agreement could not be signed within the extended time, the impugned letter of withdrawal/cancellation of the OL was issued forfeiting the Security Deposit (SD) of Rs.3,00,000/- (Rupees Three Lacs only) deposited by the petitioner at the time of participation in the tender and the Earnest Money deposited to the tune of Rs.1,00,000/- (Rupees One Lac only).

(3.) The grievance of the petitioner was carried before the Hon'ble Single Bench by way of a writ petition being WP 26079(W) of 2017 with its connected application and finally decided on the 26th of July, 2018.