1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR WRIT PETITION No.3012 of 2009 (Smt. Jayalaxmi w/o Venkatachari Srinivasan ..vs.. Bharat Sanchar Nigam Limited, Nagpur) ------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------ Shri Nitin Lalwani, Advocate for the petitioner, Shri S.C. Mehadia, Advocate for the respondent. CORAM:- J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED :- 05 th OCTOBER, 2010 1. The petitioner is aggrieved by the action of the respondent in withdrawing 70% of the work awarded to the petitioner pursuant to the tender dated 01-11-2008. Admittedly, after withdrawing the tender work from the petitioner, the said work has been completed by awarding contract to third parties. Therefore, the first prayer does not survive. 2. As regards the second prayer is concerned, the grievance of the petitioner is that by letter dated 24-6-2009, the earnest money deposited by the petitioner has been wrongly forfeited on the ground that the requisite bank guarantee has not been furnished within the stipulated time, ignoring the fact that the petitioner had sought extension of time to furnish the bank guarantee. In the absence of any extension of time forfeiting the earnest money cannot be faulted. 2 3. In the circumstances, we find no merit in the petition and same is dismissed. No order as to costs. JUDGE JUDGE pma