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.