JUDGMENT :

S. Mehta, J.

The instant intra-Court writ appeal takes exception to the judgment and final order dated 25.03.2021 passed by the learned Single Judge whereby the writ petition, being, WP(C) 155/2020 preferred by the respondents herein was accepted and the order dated 02.05.2019 issued by the appellants, cancelling the contract entered into with the respondents (writ petitioners) and forfeiting their Earnest Money Deposit (EMD) to the tune of Rs.51,51,870/-, was interfered with and reversed.

2. The brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

A Tender Notice dated 17.09.2018 was floated by the appellant Northeast Frontier Railway (hereinafter referred to as the Tendering Authority) for carrying out the task of earthwork in forming embankment including Pawakhali station yard, construction of minor bridges including RUB/LHS [Total 44 Nos.], including other miscellaneous ancillary works from Chainage 83.50 Km. to 106.837 Km. between station Pawakhali to Thakurganj in connection with construction of New BG line from Arariya to Galgalia of NF Railway (Construction). The approximate value of work was Rs.1000373270.52 and the earnest money depo