A writ petition filed by a government contractor seeking the return of an Earnest Money Deposit forfeited after not winning a tender. The Court observed no legal bars to repayment and directed the Second Respondent to pay the amount within one month.
Direction to the second respondent to pay the EMD of Rs. 1,00,000/- to the petitioner within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939
WP(C).No. 1269 of 2018
PETITIONER:
E.V.RAJU, AGED 62 YEARS, S/O. A.V.VARGHESE, RESIDING AT EDAYANAL HOUSE, PAZHAMTHOTTAM, PO., ALUVA, ERNAKULAM DISTRICT
BY ADV.SMT.TESSY JOSE
RESPONDENT(S):
1. KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM PO., THIRUVANANTHAPURAM DISTRICT PIN-695010
2. THE SUPERINTENDING ENGINEER P.H.CIRCLE, KERALA WATER AUTHORITY, KOZHIKODE PIN-673009
BY SRI.P.BENJAMIN PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 1269 of 2018 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE TENDER DETAILS SHOWING THE EMD AMOUNT OF RS.1,00,000/EXHIBIT P2: TRUE COPY OF THE REPRESENTATION DATED 25.9.2017 SENT BY PETITIONER TO THE 2ND RESPONDENT
RESPONDENT'S EXHIBITS NIL /TRUE COPY/
PA TO JUDGE
PBS
SHAJI P. CHALY, J.
W.P.(C). No. 1269 OF 2018
Dated this the 07th day of February, 2018
JUDGMENT
Petitioner is an A class Government Contractor,
participated in the tender floated by the Kerala Water Authority. Petitioner did not succeed in the tender submitted, however the EMD paid by the petitioner amounting to Rs. 1,00,000/- is not paid to the petitioner, inspite of lapse of more than one year. It is thus seeking appropriate directions, this writ petition is filed.
The writ petition is disposed of, accordingly.
sd/-
SHAJI P. CHALY JUDGE
//True Copy// P.A. to Judge
DCS
1 issue framed by the court
Whether the petitioner is entitled to the retrieval of the Earnest Money Deposit paid for a failed tender.
E.V. RAJU
KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR JALABHAVAN
THE SUPERINTENDING ENGINEER P.H.CIRCLE
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
