Jawahar Lal Gupta, J. - (1.) IS the action of the Food Corporation of India in forfeiting the amount of Rs. 2,60,000/ - deposited by the petitioner as earnest money alongwith his tender arbitrary, illegal and unfair? This is the short question that arises for consideration in this case. The relevant facts may be briefly noticed.
(2.) THE Food Corporation of India invited tenders for loading/unloading/handling transport of food grains. The tenders had to be submitted by 2 PM on May 12, 1999. These were to be opened at 2.30 PM. The offer was to remain open for acceptance "upto and inclusive of 26.6.9." The petitioner submitted a tender. He offered to work at 98% above the schedule of rates. He deposited an amount of Rs. 2,60,000/ - by way of earnest money.
(3.) IN the tender form, it had been inter alia stipulated as under: - "C. Tender to remain open for acceptance upto and inclusive of 26 June 1999. Note (1) The Senior regional Manager, food Corporation of India, Punjab Region, Chandigarh may at his discretion, extend this day by a fortnight and such extension shall be binding on the tenderer.";