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february 2015

Supreme Court of India · 2015-02-13

National Thermal Power Corp. Ltd vs M/S Ashok Kumar Singh & Ors

Citation / case number
AIR 2015 SUPREME COURT 2452
Court
Supreme Court of India
Petitioner
National Thermal Power Corp. Ltd
Respondent
M/S Ashok Kumar Singh & Ors
Author
T.S. Thakur
Bench
Adarsh Kumar Goel, R.K. Agrawal, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the High Court erred in directing the refund of earnest money deposited by the respondent under the Special Conditions of Contract, specifically Condition No. 2, which allows forfeiture upon revocation of the tender. The Court clarified that the withdrawal of the bid constitutes revocation, thus justifying the forfeiture of the earnest money. The appeal was allowed, overturning the High Court's order and upholding the appellant-corporation's decision to forfeit the earnest money.

National Thermal Power Corp. Ltd vs M/S Ashok Kumar Singh & Ors · Niyam