Shree Salasar Cargo Movers v. the Union of India through the Divisional Railway Manager
BOMBAY HIGH COURT (Ordinary Original Civil Jurisdiction) – Writ Petition No.520 of 2024 – decided 08.04.2025
Case brief
What is this about?
Railways parcel-space lease tender (SLR-F2, Train No.11057 Amritsar Express, two-year lease, tender floated August 2023); petitioner's bid rejected and EMD of Rs.5,60,275/- forfeited; appeal to DRM (Commercial), CSMT under Clauses 25.1/25.2 of the Notice Inviting Tender dismissed on 17.10.2023 by a non-speaking order stating the Competent Authority 'REGRETTED' the refund appeal 'as per policy'; High Court of Bombay quashed the unreasoned appellate order as exhibiting non-application of mind, relying on the natural-justice duty to assign reasons (Secretary and Curator, Victoria Memorial Hall, (2010) 3 SCC 732; Basudev Dutta, 2024 SCC OnLine SC 3616) and the reasoned-decision requirement of Clause 25.2 NIT; appeal remitted for fresh decision by a speaking order after hearing within two months. Keywords: forfeiture of EMD; non-speaking order; duty to give reasons; natural justice; Clause 25.2 Notice Inviting Tender; remand; speaking order; DRM CSMT appeal.