Heard on :- 11.08.2025 Judgment on :- 11.08.2025 Amrita Sinha, J.:-

1. Affidavit-in-reply filed in Court today is taken on record.

2. The petitioner has prayed for a declaration that the notice dated 15th June, 2024 issued by the respondent South Eastern Coal Fields Limited (SECL) by which the bank guarantee was sought to be invoked was not binding upon the parties in any manner whatsoever.

3. The parties have exchanged their affidavits and have made submissions.

4. It appears that a tender was floated by SECL on 9th October, 2023.

The petitioner participated in the tender process and submitted its bid on 9th November, 2023. The bid of the petitioner was not accepted and contract was executed by SECL with a third party being the successful bidder on 23rd February, 2024.

5. For participating in the tender, the applicant was required to submit earnest money deposit by way of bank guarantee for a sum of rupees fifty lakh. The petitioner, being unsuccessful in the bidding process, seeks refund of the bank guarantee. SECL has refused to return the bank guarantee which has, in the meantime, expired on the ground that the petitioner furnished false, misleading and forged documents at the time o