205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2506-1998 (O&M) Date of Decision: January 16, 2025 Mathura Dass … Appellant Versus State of Punjab and others …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Sumit Sinha, Advocate for the appellant. Mr. Surya Kumar, AAG, Punjab. DEEPAK GUPTA , J.(Oral) It is stated by learned counsel for the appellant that the appellant is no longer in contact with him. Learned counsel for the appellant prays to issue fresh no%ce to the appellant. The said request is declined. 2. A perusal of the file would reveal that this RSA was filed by the plain%ff against concurrent findings of the Courts below. The suit for declara%on was filed by the plain%ff-appellant against respondents- defendants seeking declara%on that order dated 25.06.1987 passed by respondent No.4 forfei%ng the earnest money of 15,100/-; and the subsequent order passed by defendant No.3 on 17.11.1988 are null, illegal and void against the principles of jus%ce. 3. The trial Court as well as the Appellate Court have found that the plain%ff had made an offer to the tender of the defendants vide Ex.D1. He had modified the offer and gave undertaking on 29.12.1986 vide Ex.D2. The tender of the plain%ff was accepted and he was directed to execute the work vide Ex.D4. The work was to be carried out in accordance with new rates applicable from 01.01.1987 as was agreed by the plain%ff. As such, the plain%ff could not complain that the rates could not be accepted as per his offer. Plain%ff was again directed by the Execu%ve Engineer vide Ex.D5 to start the work, but he failed to do so. Sarita Rani 2025.01.16 17:20 I attest to the accuracy of this document/order RSA-2506-1998 (O&M) - 2 - 2025:PHHC:005776 4. In above circumstances, no illegality has been commi=ed by the defendants in forfei%ng the security amount. 5. In view of the aforesaid discussion, this Court does not find any merit in the present appeal. There is no reason to disturb the concurrent findings of the fact recorded by the Courts below. As such, the present appeal is hereby dismissed. January 16, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.01.16 17:20 I attest to the accuracy of this document/order