ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 18-04-2023 In the instant petition, petitioner has prayed for the following relief(s):-

“(A) For issuance of an appropriate writ/writs to set aside the Contract Termination Notice dated 08-05- 2018 (annexure-8) issued by the office of Divisional Railways Manager (W), Katihar through the Sr. Divisional Engineer/ Co-ord., N.F Railway, Katihar vide W/362/18/Multi Utility Vehicles/ADEN/NJP & DHR/IV/KIR/W-2 whereby and where- under the respondent authority, mechanically without giving reasonable opportunity of hearing to petitioner terminated the contract which was executed between parties through tender acceptance letter dated 07-

03-2018 against the Tender Notice No. 03-KIR- Engg-01-2018 dated 10-01-2018 and illegally forfeited the earnest money deposit (EMD) of Rs, 1,29,010 (One lac twenty nine thousand and ten) and further debarred the petitioner from participating in re-tendering for the work.

B. For a direction to the respondent authority to return the earnest money deposit (EMD) of Rs. 1,29,010/- and Tender Documentation Cost of Rs. 5,000/- along with interest, deposited by the petitioner through online Net Banking sy