LPA No.273 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.273 of 2009 (O&M) Date of decision : 27-4-2009 Food Corporation of India ....Appellant VERSUS M/s Aggarwal Food Products ....Respondent CORAM:- HON'BLE MR. JUSTICE J.S. KHEHAR HON'BLE MR. JUSTICE UMA NATH SINGH Present: Mr. Suman Jain, Advocate, for the appellant. J.S. KHEHAR, J. Through the instant appeal, the appellant – Food Corporation of India has challenged the order dated 10-2-2009 passed by the learned Single Judge while disposing of Civil Writ Petition No.7156 of 2007. We have heard the learned counsel for the appellant whose sole submission is, that earnest money deposited by the respondent cannot be refunded to respondent No.1 on account of the fact that respondent No.1 did not execute the contract assigned to it completely within the prescribed time. It is not possible for us to accept the aforesaid contention of the learned counsel for the appellant on account of the fact that the learned Single Judge while ordering the release of the earnest LPA No.273 of 2009 (O&M) -2- money deposited at the hands of respondent No.1 clearly pointed out that the remaining contract could not be completed for want of necessary approval from the Government of India. For the reasons recorded hereinabove, we find no merit in this appeal and the same is accordingly dismissed. (J.S. KHEHAR) JUDGE (UMA NATH SINGH) JUDGE April 27, 2009 manju