Eastern Railway vs Manjee Yadav & Ors on 25 June, 2024
16. The Division Bench judgment of this Court in case of
Essem Enterprises (supra) was in relation to
participation in the tender process where the
appellant therein was adjudged as the lowest bidder
and deposited the earnest money in terms of the
condition of the tender. The validity of the bid
extended beyond the period stipulated at the time of
publishing the notice inviting tender which make
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the appellant approach the Court. In the backdrop of
the above, since he was adjudged as the lowest
bidder, but for non-awarding the contract, damages
was claimed under Section 74 of the Contract Act
and it is held that the forfeiture condition in the
contract is a standalone contract by itself and can be
activated in the situation contemplated therein.