IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.13289 of 2009 Date of decision: 4.9.2009 Kartar Singh. -----Petitioner Vs. The State of Haryana & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Vikram Singh, Advocate for the petitioner. Mr. Rameshwar Malik, Addl.A.G., Haryana. --- ORDER: 1. This petition seeks quashing of letter dated 21.8.2009, Annexure P-5, to the extent of forfeiture of earnest money of the petitioner. 2. Case of the petitioner is that in pursuance of Notice, Annexure P-1, for the work of laying and consolidation of 75 mm thick compacted crust stone aggregate as per Built up Spray Grout specification, the petitioner submitted his bid. On 10.8.2009, before the bid was opened, the petitioner conveyed that the rate quoted by him was in ‘Cubic Meter’ and not in ‘Square Meter’. Respondent No.2 while accepting the bid of CWP No.13289 of 2009 respondent No.4 directed forfeiture of earnest money of the petitioner. 3. Contention raised on behalf of the petitioner is that if the bid given by the petitioner was not valid, the same could be rejected but the earnest money could not be forfeited. 4. Learned counsel for the respondents submits that any “withdrawal or modification” of bid could result in forfeiture of bid security. 5. In reply, learned counsel for the petitioner submits that letter of the petitioner did not amount to “withdrawal or modification” of bid but only a clarification. In the original bid, it was not specified that the rate will be as Per Cubic Meter or Per Square Meter. This was sought to be clarified and the offer earlier given was not sought to be withdrawn or modified. 6. We find merit in the contention raised. The decision to forfeit the security cannot be upheld. 7. Accordingly, direction in the impugned letter, Annexure P-5, forfeiting security of the petitioner is quashed and respondent No.2 is directed to refund the security of the petitioner within one month from the date of receipt of a copy of this order. 8. The petition is disposed of. (ADARSH KUMAR GOEL) JUDGE September 04, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 2