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.