(1.) Heard Mr. A. Sarma, the learned Counsel appearing for the petitioner. The respondents 2 to 7 are represented by Mr. P. K. Roy, the Standing Counsel for the Food Corporation of India (FCI).
(2.) The petitioner responded to the tender notice dated 21.6.2007 (Annexure-1) of the FCI for the carriage contract at item No.2 wherein the technical bids were scheduled to be opened on 18.7.2007. But after the technical bids were opened on the scheduled date, the validity of the tender period was extended by the FCI for 30 days i.e. until 2.10.2007. Before the price bids could be opened, the petitioner through the letter dated 6.8.2007 (Annexure-3), wrote for withdrawal of his tender by citing the credit difficulties with his bank and he requested for withdrawal of his earnest money before disclosure of the financial bids of the eligible tenderers.
(3.) But through the impugned letter dated 5.9.2007 (Annexure-5) the tenderer was considered to have resiled from the contract and construing it to be a breach under Clause C.4 of the General Conditions of Contract, the earnest money of Rs.6,49,000/- furnished by the petitioner was ordered to be forfeited by the FCI.