Forefeiture of Earnest Money Deposit (EMD)

Adv. Sanjaykumar Sharma (Querist) 20 July 2008 This query is : Resolved
Please advice me with ciation as regards to forfeiture of Earnest Money Deposited while submitting tender for contract work with deparment. Deparment failed to communciate acceptance of tender within validity period as prescribed in Notice inviting tenders.

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adv.ranchi (Expert) 21 July 2008
So far as citation is concerned teh same will have to be looked for in view of the facts fo teh case.

What was the condition for forfeiture.
Whether the condition has been fulfilled.
If not forfeiture is illegal

Manish Singh (Expert) 22 July 2008
The defaulting party is the Dept in this case so they can not withheld the EMD. file a suit against the state.
there are several case laws regarding this issue. There is a book titled government contracts which is flooded with such case laws.