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ARIJIT BANERJEE, KAUSIK CHANDA
Essem Enterprise – Appellant
Versus
Kolkata Municipal Corporation – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal is directed against the Judgment and order dated June 22, 2022 whereby the appellant’s writ petition being W.P. 619 of 2018 was dismissed. The writ petitioner had challenged the refusal on the part of Kolkata Municipal Corporation (in short, ‘KMC’) to refund the Earnest Money Deposit (in short, ‘EMD’) on the ground that the same stood forfeited in terms of Clause 13 of the notice inviting the tender in question.
2. Although a point of law was not argued by the parties either before the learned Single Judge or before us, for the sake of completeness, I wish to briefly discuss the same. The writ petition was filed in the name of Esssem Enterprise which has been described as the petitioner in the cause title of the writ petition. In paragraph 1 of the writ petition it is stated that the petitioner is a sole proprietorship. In the affidavit affirmed in support of the writ petition, the deponent, Santanu Mukherjee, has stated that he carries on business in the name and style of ‘Essem Enterprise’.
3. It is settled law that a proprietorship c
The NIT stipulated that tenderers who resile before the validity period shall be liable for forfeiture of EMD. The action of the respondents in seeking change of the rate offered bid amounted to resi....
Point of law: doctrine of forfeiture in the case of earnest money is based on a principle completely independent of the consideration that are laid down in Section 74 of the Contract Act.
The main legal point established in the judgment is that the contract stood concluded upon acceptance of the bid, and the subsequent signing of documents was only for formal documentation. The court ....
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