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1998 Supreme(Mad) 976

C.SHIVAPPA, A.SUBBULAKSHMY
Chairman-Cum-Managing Director, Tamil Nadu Tea Plantation Corporation Limited, Coonoor and Another – Appellant
Versus
Srinivasa Timbers, Salem – Respondent


Appearing Advocates:G. Anbumani, R. Gandhi, Advocates.

Judgment :-

C. SHIVAPPA, J.

This writ appeal is directed against the judgment of the learned single Judge dated 7-10-1996 passed in W.P. No. 15281 of 1994. By the order dated 17-8-1994, the appellants herein cancelled the order of confirmation of the highest bid of the respondent/petitioner and returned the Earnest Money Deposit by a crossed cheque drawn on Canara Bank, Pollachi. This order was challenged in the writ petition and sought for a direction to issue work orders on receiving due payments and executing the agreement in respect of lease unit for the disposal of 1240 standing silver oak trees in Valparai Chinnakallar Division, Range-II/Filed 8/Plot IJ.

2. The learned single Judge came to the conclusion on the basis that there was a concluded contract and the policy of the Government cannot certainly affect the concluded rights in favour of the respondent. It has also been observed that the acceptance of the Earnest Money Deposit by the respondent will not in any way deprive the right acquired by it under the order dated 2-6-1994 confirming the sale in its favour. But so far as the payment of the amount by the respondent is concerned, the learned single Judge has opined that t













































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