Nagendra Kumar v. Union Of India And ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 156/2017 & C.M.No. 732/2017 NAGENDRA KUMAR ..... Petitioner Through:

Mr. Chetan Wahi & Mr. Mohit Kumar, Advocates

Versus

UNION OF INDIA AND ANR.

..... Respondents Through:

Mr. Jagjit Singh, Mr. Ashok Singh & Mr. Preet Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 15.05.2017 In this writ petition, quashing of impugned order of November, 2015 (Annexure P-1) is sought with direction to refund the earnest money deposited for the tender concerning F-2 compartment in train No. 22488, Ex. ANVT to RDP.

Learned counsel for petitioner submits that the fate of this petition is covered by order of 16th December, 2016 in W.P.(C) 11364/2015 Manglam Express Cargo Pvt. Ltd. Vs. Union of India & Anr. by a Coordinate Bench of this Court.

Aforesaid position is not disputed by counsel opposite. Since the time prescribed in the offer letters had lapsed prior to their acceptance, the offers stood revoked under Section 6(2) of The Indian Contract Act, 1872 and consequentially, the impugned order are W.P.(C)156/2017

liable to be set aside.

In view of the aforesaid, this petition and application are allowed while setting aside the impugned order (Annexure P-1) with direction to respondents to return the earnest money deposited by petitioner within six weeks from today.

Dasti.

(SUNIL GAUR) JUDGE MAY 15, 2017 r W.P.(C)156/2017