LAWS(PAT)-2009-8-24

SHANTI STEELS Vs. EAST CENTRAL RAILWAY

Decided On August 25, 2009
Shanti Steels Appellant
V/S
East Central Railway Through Its General Manager, Hajipur with Respondents

JUDGEMENT

(1.) AS the issues raised in these five writ petitions namely C.W.J.C. Nos. 16359 of 2008, 16378 of 2008, 16551 of 2008, 19081 of 2008, 4432 of 2009 and 593 of 2009 are common, they are taken up for disposal together.

(2.) IN these writ petitions, the petitioners pray refund of the entire amount deposited by them in bid with interest at market rate, as Railways failed to deliver the auctioned materials in time.

(3.) IT is not in dispute that the petitioners were declared highest bidder in auction sales held by the Railways. As required under the auction notice and Standard Conditions of Auction Sales, the petitioners deposited the earnest money by fall of hammer on the same day. Further more pursuant to issuance of authorization letters the petitioners deposited balance amount within stipulated 20 to 50 days.