Supreme Court · 2015 INSC 116 · Decided 13 February 2015
National Thermal Power Corporation LTD. v. M/S. Ashok Kumar Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 116 · [2015] 2 S.C.R. 388
- Case number
- CIVIL APPEAL No. 1852/2015
- Decided
- 13 February 2015
- Bench
- T.S. THAKUR, R.K. AGRAWAL, ADARSH KUMAR GOEL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 5
Headnote
C Government contracts: Forfeiture of earnest money on withdrawal of bids- Challenged- Held: In terms of condition no.2 of Special condition of contract, revocation of tender was by itself sufficient to call for forfeiture of earnest money- D Therefore, respondents right to withdraw the bid in terms of s. 5 of the Contract Act, 1872 would entitle them to withdraw without suffering forfeiture of E the earnest money. Allowing the appeal, the Court HELD: A plain reading of Condition no.2 of Special Conditions of Contract would show that one of the Special
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)