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february 2015

Supreme Court of India · 2015-02-13

NATIONAL THERMAL POWER CORP. LTD. vs M/S ASHOK KUMAR SINGH .

Citation / case number
SC 2014/6052
Court
Supreme Court of India
Petitioner
NATIONAL THERMAL POWER CORP. LTD.
Respondent
M/S ASHOK KUMAR SINGH .
Author
T.S. THAKUR
Bench
T.S. THAKUR,R.K. AGRAWAL,ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to refund the earnest money deposited by the respondents, stating that the refusal of refund was unjustified as the respondents' case did not fall under condition No. 2 of the Special Conditions of Contract. The Court clarified that revocation of the tender alone does not warrant forfeiture of the earnest money if the tender has not been opened. The appeal by the National Thermal Power Corporation Ltd. was dismissed, affirming the High Court's order to refund the earnest money of Rs. 7,75,000/- to the respondents.

NATIONAL THERMAL POWER CORP. LTD. vs M/S ASHOK KUMAR SINGH . · Niyam