quoting rates of the food grains, at Rs.30/- per quintal for Ragi and Rs.20/- per quintal of Rice. This was admittedly erroneous. It is the admitted position that the petitioner did clarified that it ought to be read as per kilo of Ragi and per kilo of Rice. This is no taken note of by the Deputy Commissioner while directing that the EMD to be forfeited. The reason rendered in the order is that, the rates quoted by the petitioner was either 30% less than the market price or, in some cases, even 70% less than the market price. The foundation for such decision is that, the petitioner had quoted Rs.30/- per quintal of Ragi and Rs.20/- per quintal of Rice. It is obvious that no ternderer can quote such rates for the food grains, which was typographical errors, which have been corrected. If on the basis of such quotation, the impugned order is drawn, it would become erroneous as the quotation has been clarified by the petitioner. Therefore, the order of forfeiture of EMD is rendered unsustainable. The petitioner would thus be entitled to refund of EMD of Rs.10,94,000/- along with interest as it is still held by the Government.
