Tapen Sen, J. - (1.) M/s. S.G. Associates, which was not a party in W.P.(C) 2476 of 2002 has filed the instant C.M.P. Application for modification of the order dated 14.5.2002 to the extent that the said order should not be made applicable on those three items of sale notice as contained in Annexures-1 & 1/1 for which offer had already been made by them and finalised by Steel Authority of India Limited/Bokaro Steel Plant by its order dated 19.4.2002 in their favour.
(2.) The writ application being W.P.(C) No. 2476 of 2002 was filed on 17.4.2002 and was disposed off on 14.5.2002. In the writ application, the petitioners, namely, Chhotanagpur Steel Traders Association and one Chitrawaii Sales Private Ltd. had prayed for quashing of Annexure-5 therein, which was a notice relating to details of Medium Terms Sales Arrangement, issued by Bokaro Steel Plant notifying inter alia that the said plant of Steel Authority of India Limited intended to sell various secondary arisings on the basis of Medium Terms Sales Arrangement for six months. In the second paragraph of that notice it was notified that intending purchasers may submit their applications in the office of the Dy. General Manager (Marketing), BSL, BS City alongwith a non-refundable application money in the form of bank draft/pay order/bankers' cheque for a sum of Rs. 30,000/- (Rupees thirty thousand) for each item payable up to 16.4.2002.
(3.) While disposing off the writ petition, this Court came to the conclusion that the non-refundable clause was unreasonable in as much as in the notice about twenty one items were listed and it was on that account that this Court held that the non- refundable clause would amount to creating a class then a class in as much as only the rich would be able to apply for as many number of jobs as they desire, while the not so rich would be forced to contest with only one or two jobs depending upon the availability of finance with them, notwithstanding the fact that they may be fully qualified to undertake greater number of jobs.;