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2018 Supreme(HP) 252

TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Adarsh Food Products (P) Ltd. – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Atul Jhingan, Advocate.
For the Respondents:Mr. Vinod Thakur and Mr. Sudhir Bhatnagar, Addl. Advocate Generals, with Mr. Bhupinder Thakur, Dy. Advocate General, Mr. Navlesh Verma, Advocates.

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by forfeiture of its earnest money of Rs.25,00,000/-, the petitioner has filed this writ petition claiming therein the following substantive reliefs:

“(a) That a writ in the form of Certiorari may be issued against the respondent.

(b) That Annexure P-8 may be quashed and setaside, being illegal and arbitrary and against the established principles of natural justice and fair play.

(c) That the respondents may be directed not to forfeit the earnest money deposited and also not to blacklist the petitioner and allow it to carry on its business legally.”

2. Brief facts leading to filing of the present writ petition are that respondent No.2 invited global tenders for the procurement of assorted pulses namely (i) Malka (Red Lentil); (ii) Urd Sabut; (iii) Moong Sabut and (iv) Dal Channa. The last date for submission of online tender alongwith Earnest Money Deposit (for short EMD), tender document fee and processing fee was 15.3.2017 upto 5.00 p.m. and the tenders in question was to be opened on 16.3.2017 at 11.00 AM. The petitioner accordingly submitted his tender for Dal Chana on 11.3.2017 after completing all the formalities including the deposit o















































































































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