IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.3794 of 2010 Date of decision: 21.7.2010 M/s S & S Construction Co. -----Petitioner. Vs. State of Punjab & others -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. P.S. Rana, Advocate for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. --- ADARSH KUMAR GOEL, J. 1. This petition seeks quashing of order dated 3.9.2009, forfeiting earnest money deposited by the petitioner and direction for refund of the amount with interest. 2. Case of the petitioner is that it submitted its tender but was not allotted the work. Time for acceptance of bid having expired and the respondents having not allotted the work during the period for which the bid was valid, earnest money could not be forfeited on account of refusal of the petitioner to carry out work after expiry of period for which the bid was valid. Thus, the decision in the impugned order dated 3.9.2009 taken by the Executive Engineer, Muktsar was not justified. 3. Notice was issued on 4.3.2010 and thereafter, the matter was adjourned twice to 13.7.2010 and to today, but no CWP No.3794 of 2010 reply has been filed. Learned counsel for the respondents has no instructions in the matter. We are unable to adjourn the matter for indefinite period. 4. In above circumstances, we direct the Secretary to Govt. Punjab, PWD B&R Department, Chandigarh to take a decision in the matter after considering the view point of the petitioner in accordance with law, by passing a speaking order within two months from the date of receipt of a copy of this order. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE July 21, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2