IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7156 of 2007 Date of decision: February 10, 2009. M/s Aggarwal Food Products ...Petitioner(s) v. Food Corporation of India & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri P.S. Jammu, Advocate for the petitioner. Shri Manmohan, Advocate for the respondents. ORDER Surya Kant, J. - (Oral): The petitioner seeks a direction for the release of earnest money deposit (EMD) of Rs.5,25,000/- which is lying with the respondents since the year 2003. It appears that the petitioner applied for award of a contract for purchase of 10,000 MT wheat and initially he was allocated 2,000 MT wheat only, subject to approval by the Govt. of India. While the petitioner had lifted the allocated 2,000 MT wheat, the balance could not be allocated or lifted as the Govt. of India refused to accord its approval. The petitioner now seeks the refund of the earnest money deposited by him as a security. Notice of motion was issued and in response thereto, the FCI has filed its counter affidavit. Unfortunately, no categoric stand, as to on what basis the refund of security amount has been withheld, has been taken except to say that there was some delay on the part of the petitioner in lifting the 2,000 MT wheat, or that the remaining wheat could not be allocated for want of necessary approval from the Govt. of India. Needless to say that the petitioner cannot be made to suffer if the Govt. of India did not accord its approval to the purchase of 10,000 MT wheat. Consequently and for the reasons afore-stated, the writ petition is allowed and the respondents are directed to refund the earnest money deposit to the petitioner, unless the same is required to be withheld any other valid reason, within a period of three months from the date of receipt of a certified copy of this order. No costs. February 10, 2009. [ Surya Kant ] kadyan Judge