G.T.C India v. Senior Divisional Electrical Engineer, Alipurduar Division, North Easet Frontier Railway And ORS.
Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 40 01.9.2023 Sc Ct. no. 2 WPA 1919 OF 2023 --------- G.T.C. India Vs.
Senior Divisional Electrical Engineer, North East Frontier Railway, Alipurduar Junction & Ors.
Mr. Subham Ghosh Mr. Mayank Roy.
....For the Petitioner Mr. Sudipto Kumar Mazumder Mr. Saptak Sarkar Mr. Sourab Kar.
....For the Respondent Nos. 1 to 4 The petitioner claimed that, it has become the L1 bidder in respect of Tender No.AP-EL-18-22-23 dated March 24, 2023. Suddenly on August 3, 2023, the petitioner discovered that, the earnest money which was paid by the petitioner was refunded back by crediting the bank account of the petitioner, Annexure-P8 at page 71 to the writ petition. Immediately by a letter dated August 7, 2023, Anexure-P9 at page 72 to the writ petition, the petitioner submitted a representation seeking the reasons for such refund of earnest money. The said representation has not yet received any attention of the respondent/Railway Authority.
Mr. Sudipto Kumar Mazumder, learned Deputy Solicitor General of India appears for the respondent nos. 1 to 4.
After considering the submissions made on behalf of the parties and upon perusal of the materials-on-record, the respondent no.1 is directed to consider the said representation of the petitioner dated August 7, 2023, AnnexureP9 at page 72 to the writ petition by showing the reasons in detail as to why the said earnest money, deposited by the petitioner, was refunded by crediting the bank account of the petitioner. Such exercise shall be carried out and completed by the respondent no.1 positively within a period of ten days from the date of communication of this order.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms this writ petition, WPA 1919 of 2023 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)