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2019 Supreme(Cal) 610

DEBANGSU BASAK
S. S. Civil Construction Pvt. Ltd. – Appellant
Versus
Government of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Saptangsu Basu, Sr. Advocate, Anuj Sinha, Biswanath Chatterjee, Saheli Sen, Sobhan Kumar Pathak, Advocates.
For the Respondents:Suman Sengupta, Subir Pal, Advocates.

JUDGMENT :

1. The writ petition and an application for interim relief made therein have been taken up for hearing. The writ petitioner has asked for refund of the earnest money of Rs. 39,91,535/- deposited by the writ petitioner against e-tender for construction of work of Purbabishnupur-Raidighi Road-Chainage from 0.00 KMP to 19.630 KMP strengthening work in the district of 24 Parganas (South).

2. Learned Advocate appearing for the petitioner has submitted that, the petitioner participated in the e-tender dated July 11, 2018 issued by the Public Works (Roads) Directorate. He has referred to the bid validity clause of the tender documents. He has submitted that, the bid tender clause requires the bid to remain valid for a period not less than 120 days from the date of submission of the bid. The clause proceeds to lay down that, if the bidder withdraws the bid during the period of bid validity, his earnest deposit will be forfeited. He has referred to the letter dated December 13, 2018 by which, the petitioner placed on record that, the petitioner submitted the bid on August 3, 2018. The validity period of the bid expired on November 30, 2018 on expiry of 120 days from the date of sub

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