IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.501 of 2011 IN CWJC No.5533 of 2009 With I.A.No.2235 of 2011 With I.A.No.2236 of 2011 ==================================================== 1. The East Central Railway, Mahendru Ghat, Patna through its General Manager. 2. The Chief Engineer (Construct)(GB), office of the Chief Administrative Officer (construction)East Central Railway, Mahendru Ghat, Patna – Appellants Versus M/S Allied Infrastructure Ambition (Joint Venture) having its office at P- 16, Bentic Street, 3rd Floor, A.C. Mansion, Kolkata-700001 through its Director Rajiv Modi, son of Sri Shaligram Modi, R/o- 103, Rajendra Enclave, Exhibition Road, P.S-Gandhi Maidan, District-Patna - Respondent ==================================================== Appearance : For the Appellant : Mr. Anil Kumar Sinha, Advocate For the Respondent: Mr. Gautam Kumar Kegriwal, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 23.03.2011 Re. Interlocutory Application No. 2235 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 309 days occurred in filing the Letters Patent Appeal. 2 On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No.501 of 2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 27th January 2010 passed by the learned Single Judge in above C.W.J.C. No. 5533 of 2009. In a writ petition filed by a tenderer against the orders of the appellant-East Central Railway to forfeit the Earnest Money Deposit, the learned Single Judge has set aside the orders of the appellant- Railway. The appellant-Railway did not find the writ petitioner eligible to award the contract in question. Eventually, directed to forfeit the amount of Earnest Money Deposit. The learned Single Judge held the action of the appellant per se arbitrary. The learned Single Judge allowed the petition and directed the appellant to refund the amount of Earnest Money Deposit to the writ petitioner. Therefore, the present Appeal. We have heard the learned Advocate Mr. Anil Kumar Sinha for the appellant extensively. We see no merit in this Appeal. The Appeal is dismissed in limine. Interlocutory Application stands disposed of. Bibhash (R.M. Doshit, CJ.) (Jyoti Saran, J.)