Prateek Jalan, J. (Oral)

1. The present writ petition has been filed challenging a communication dated 08.06.2023 issued by the Ministry of Railways, Government of India by which it has communicated its decision to forfeit and encash a performance bank guarantee dated 30.11.2021 for the sum of Rs.25.20 lakhs. The performance bank guarantee was submitted by the petitioner in support of a bid for supply of 1000 nos. Box N/BG Axle in terms of the specifications stated in the tender documents.

2. The petitioner is a small scale industry registered under the Micro, Small and Medium Enterprises ["MSME"] Development Act, 2006. It participated in the aforesaid tender and was awarded the tender by the Ministry of Railways, Government of India, by a letter of acceptance dated 17.11.2021. The delivery period specified in the letter of acceptance was "D+30 weeks", "D" being the date of the Development Order. It is undisputed that the Development Order in the present case was issued on 29.12.2021, and the period of 30 weeks therefrom would conclude on 26.07.2022.

3. The contention of the petitioner in the writ petition is that it was unable to supply the axles in terms of the aforesaid contr