CWP No.5652 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 5652 of 2009 Date of Decision: 6 - 11 - 2009 Smt.Renu Mahajan ....Petitioner v. Bharat Petroleum Corporation Limitied ....Respondents and another CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Saurav Khurana, Advocate for the petitioner. Mr.Raman Sharma, Advocate for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The petitioner had applied to the respondent-Corporation in open category for Women, for allotment of an agency to supply Liquified Petroleum Gas. An advertisement was issued by the respondent- Corporation on 1.12.2007. One of the requirement of the advertisement was that application should be accompanied by a demand draft of Rs.1000/-. It is not disputed that application form was received in time. The application form contained necessary particulars of the draft i.e. number of the draft, issuer bank and the date of issuance. Case of the petitioner is that draft of Rs.1,000/- along with application form was submitted to the respondent- Corporation, but due to mishandling, the draft may have been misplaced. Counsel state that since the draft was not found by the respondent- CWP No.5652 of 2009 [2] Corporation, his application was rejected summarily. Petitioner immediately brought to the notice of officials of the respondent-Corporation that draft was submitted along with the application form and probably the same may have been misplaced in the office of respondent-Corporation. A letter written to this effect has been annexed with the writ petition as Annexure P3. Petitioner has also annexed Annexure P4, a certificate issued by the ICICI Bank which show that amount was debited from his account on 12.1.2008 and the draft was prepared on the same date. Mr.Saurav Khurana appearing for the petitioner has stated that possibility that those persons who perceived the petitioner to be their competitor in reckoning may have played mischief to deprive the petitioner, of her right of due consideration by the Interview Committee. Counsel further submit that once draft was prepared, its particulars were furnished, it is highly unnatural and improbable that the petitioner had not attached the draft with the application form. Taking into consideration the entire gamut, this Court is of the view that petitioner cannot be denied right of consideration on hyper- technicalities. In case petitioner now deposit the amount of Rs.1,000/- or submit fresh draft, her application will be treated in order and the application returned to her, will be accepted by the respondent-Corporation. The application form along with fresh draft will be submitted by the petitioner within two weeks from today. In view of direction issued above, petition stand disposed of. ( KANWALJIT SINGH AHLUWALIA ) November 6, 2009. JUDGE RC CWP No.5652 of 2009 [3]