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Neutral Citation No. - 2025:AHC:106071-DB Court No. - 21 Case :- WRIT - C No. - 17980 of 2025 Petitioner :- Lalit Jain Respondent :- North Central Railways And Another Counsel for Petitioner :- Rahul Agarwal,Vikas Kumar Pandey Counsel for Respondent :- A.S.G.I.,Gaurav Kumar Chand Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The petitioner has prayed for quashing of a communication
order dated 23.07.2024, whereby the department has informed the petitioner regarding default on part of the petitioner in depositing the remaining bid amount, as a result of which, the Earnest Money Deposit (EMD) was forfeited. The petitioner has also prayed for a writ of mandamus directing the respondent authorities to refund the EMD amount, which has been forfeited in pursuance of the said order.
2. The case of the petitioner is that by mistake while submitting bid an extra figure got mentioned in the bid documents and as a result whereof, the actual bid amount got multiplied by ten times, the amount at which, the petitioner intended to make the bid. On account of non-deposit of the remaining bid amount, the impugned action has been taken, forfeiting the EMD amount.
3. Learned counsel for the petitioner submits that the petitioner has made a representation on 12.06.2024 to Senior Railway Divisional Manager, North Central Region, Prayragraj, Uttar Pradesh stating that there was a human error and in such facts and circumstances, the EMD amount should not be forfeited and be returned to the petitioner. He also submits that the same may be directed to be considered by the second respondent.
4. Sri Gaurav Kumar Chand, Advocate has appeared on behalf of the Railway and submits that there is an arbitration Clause-17.0 in the agreement between the parties, which provides for settlement of disputes between them through arbitration.
5. As the case of the petitioner is that there was human error on account of which, the bid amount got wrongly mentioned, as an exception, we dispose of the instant petition with direction to the
respondent No.2 to examine the representation dated 12.06.2024 and pass a speaking order within a period of four weeks from the date of communication of the instant order along with copy of the representation dated 12.06.2024. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.)
Order Date :- 7.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad