PRADEEP KU. PATRO Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) HEARD Mr. H.K. Mohanty, learned counsel for the petitioner and Mr. S.K. Patnaik, learned Senior Advocate for the Orissa Forest Development Corporation Ltd.

(2.) THE relevant facts required to be noted are that in response to a notice issued by the opp. party -Orissa Forest Development Corporation Ltd. (for short, hereinafter referred to as "the Corporation") for collection of cashew nuts with Thalamus from the plantation lots of Bhubaneswar (Commercial) Division, Berhampur (Commercial) Division and Bhanjanagar (Commercial) Division for the period ending 31.7.2007 (2010, 2011 and 2012 crop), the petitioner submitted his tender accompanied by the required documents as well as the earnest money deposit for cashew plantation lot No. 8/10 of Berhampur (C) Division. The petitioner was adjudged as the highest bidder for the said lot. As admitted by him, the earnest money deposit of Rs. 99,988/ - offered by him was less than 15% of the tender amount to be deposited. While the matter stood thus, by the impugned order dated 16.01.2010 his EMD of Rs. 99,988/ - was forfeited as the same did not count up to 15% of the offer amount as per Clause 4(b) of the terms and conditions of sale.

(3.) MR . Mohanty, learned counsel for the petitioner has argued that as the opp. party -Corporation had afford opportunity to the defaulting tenderers situated persons like the petitioner to make deposit of the deficit EMD amount, the impugned action is per se unfair in absence of similar opportunity to him and thus ought to be adjudged illegal and null and void.