Court No. - 9 Case :- WRIT - C No. - 47832 of 2010 Petitioner :- Ateeq Ahmad And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- C.S.C.,Satish Mandhyan Hon'ble Vijay Manohar Sahai,J.
Hon’ble Ran Vijai Singh,J.
We have heard learned counsel for the petitioner, learned standing counsel
appearing for respondent no.1 and Sri Satish Mandhyan, learned counsel
appearing for respondents no.2 to 4.
The allegation of the petitioner is that though in the tender notice it has not
been mentioned that 2% earnest money has to be deposited but the
respondents are pressing for deposit of 10% earnest money which is against
the provisions of U.P.Financial Handbood Volume 5 Part I, Schedule 19
paragraph 307(18) which provides only 2% maximum as earnest money of the
amount of contract.
We dispose of this writ petition with a direction to the respondents not to
charge more than 2% earnest money. If the respondents want to charge 10%
earnest money, they shall pass a reasoned order after quoting the provisions of
law under which they are doing so.
Subject to the observations made above, this writ petition is disposed of.
Order Date :- 12.8.2010
PK