Lc Infra Projects Pvt. Ltd v. State of Manipur and 2 Others

O R D E R

02.03.2023 [1] Heard Mr. Nachiket, learned counsel for the petitioner and Mr. N. Kumarjit, learned senior counsel for the respondent No.3, Mr. A. Golly, learned counsel for the respondent No. 2, Mr. HS. Paonam, learned senior counsel for the respondent No.3 in WP(C) No.990 of 2022, WP(C) No. 991 of 2022 & WP(C) No.992 of 2022 and Mr. H. Debendra, learned Deputy AG for the respondent No.1 in all the writ petitions. [2] Since the tender was awarded to other persons, the learned counsel for the petitioner is inclined to withdraw to the writ petition subject to refund the EMD amount. Accordingly, the matter was adjourned. [3] When the matter is taken up today, Mr. H. Debendra, learned ABUJAM SURJIT SINGH by ABUJAM SURJIT SINGH Date: 2023.03.18 15:38:00 +05'30' Deputy AG for the State respondents produced a letter dated

27.02.2023 which reads as follows. GOVERNMENT OF MANIPUR PUBIC HEALTH ENGINEERING DEPARTMENT No. CE/PHE/TECH/2-469/2020/3615 To Imphal, 27th February, 2023 The Secretary (PHE), Government of Manipur Sub:- Refund of EMD. Sir, As per CPWD works manual, the earnest money given by all the bidders except the lowest bidder should be refunded immediately after the expiry of stipulated period or immediately after acceptance of successful bidders, which is earlier. Since the process of awarding the work related to Integrated Sewerage System for Imphal city is over and awarded to successful bidders, the division accepting the EMD will have no objection to the refund of EMD. In the case of LC INFRA PROJECT PRIVATE LTD., seeking for refund of EMD for tenders related to Integrated Sewerage System for Imphal city, Phase-II, it will be released within a period of one month after the case filed by the firm is withdrawn. Yours faithfully, Sd/- (Shangreiphao Vashumwo) Chief Engineer, PHED, Govt. of Manipur [4] As per the letter, the respondents has untaken that after the withdrawal of writ petition, they are ready to pay the said amount within a period of one month. [5] Mr. Nachiket Dave , learned counsel for the petitioner on receipt of the letter dated 27.02.2023 argued to withdraw the writ petition and prayed to this Court to issue suitable directions to the respondents to refund the EMD amounts as they are argued as per the letter dated

27.02.2023. [6] Considering the arguments of both sides and prayer sought for in this petition and also perusal of the letter dated 27.02.2023. I am inclined to pass the following the orders: a). All the writ petitions are dismissed as withdrawn. b). The respondents are directed to refund the petitioner's EMD amounts within a period of one month from today as per the letter dated 27.02.2023. c). The respondents are directed to strictly comply with this order Ab.Surjit ACTING CHIEF JUSTICE [[

Item No. 22-26 IN THE HIGH COURT OF MANIPUR AT IMPHAL W.P.(C) No.989 of 2022 With W.P.(C) No.990 of 2022 With W.P.(C) No.991 of 2022 With W.P.(C) No.992 of 2022 With W.P.(C) No.993 of 2022 LC Infra Projects Pvt. Ltd. …Petitioner/s - Versus - State of Manipur and 2 Ors. …Respondent/s BEFORE HON'BLE THE ACTING CHIEF JUSTICE M.V.MURALIDARAN