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2025 DAILYLAW 4702 (JK)

RUDRAABHISHEK ENTERPRISES LTD TH KUNAL SAWHNEY v. UT OF J AND K TH CHIEF EXECUTIVE OFFICER AND OTHERS

WP(C)/2501/2025 · 2025-09-10

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2501/2025 CM No. 5745/2025 Rudrabhishek Enterprises Ltd. Th. Kunal Sawhney …..Petitioner Through: Mr. Vikram Rathore, Advocate Vs UT of J&K & Ors. .….Respondents Through: Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (10.09.2025) 01. The petitioner has sought a direction upon the respondents for release of Earnest Money Deposit (EMD) submitted by the petitioner in the form of Demand Draft No. 525299 for Rs. 50,00,000/- (Rupees Fifty Lakh Only) dated 20.07.2020 while submitting his bid pursuant to the Request for Proposal dated 27.06.2020 bearing No. 01/CEO/JaKLaRMA/02/2020 for Modernization of Land Records in the Union Territory of Jammu and Kashmir under centrally sponsored scheme. 02. According to the petitioner, at the time of submitting his bid he had furnished the Earnest Money Deposit (EMD) of Rs. 50,00,000/- (Rupees Fifty Lakh Only) but after conclusion of the bidding process, the contract was not Serial No. 163 2 WP(C) No. 2501/2025 awarded to the petitioner, as such, the respondents were obliged to refund the Earnest Money Deposit (EMD) to the petitioner. However, despite many representations, the respondents have not refunded the Earnest Money Deposit (EMD) to the petitioner. On this ground, the petitioner is seeking refund of the Earnest Money Deposit (EMD). 03. Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if the respondents are asked to consider the prayer of the petitioner in accordance with law within a specified period of time. 04. In view of the above, this writ petition is disposed of with a direction to the respondents to consider the release of Earnest Money Deposit (EMD) in favour of the petitioner in accordance with rules within a period of one month from the date a copy of this order is made available to the respondents. 05. Disposed of, accordingly, (SANJAY DHAR) JUDGE JAMMU 10.09.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No