IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 37714 of 2002(M)
1. K.ESHAQUE,
... Petitioner
Vs
1. FOREST RANGE OFFICER,
... Respondent
2. SPECIAL DEPUTY TAHSILDAR
For Petitioner :SRI.K.VINOD CHANDRAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/02/2008
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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O.P. No.37714 of 2002
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Dated this the 8th day of February, 2008.
JUDGMENT
The petitioner is challenging recovery proceedings for recovery of
loss suffered by the Government on account of petitioner’s breach of
contract in the purchase of teak wood from Forest Depot. Under the tender
conditions the successful bidder should deposit the sale price and lift the
material within the time granted. If there is failure on the part of the
purchaser to pay the sale price and lift the material, the condition in the
contract is for resale at the risk and cost of the contractor.
The petitioner paid only security deposit and did not deposit balance sale
price. The materials were thereafter sold and the amount demanded is
stated to be differential price. The petitioner cannot have any objection
against the demand because it is payable strictly in accordance with the
terms of tender conditions accepted by the petitioner based on which he
participated in the tender. However, counsel for the petitioner pointed out
that petitioner does not have details about the actual sale price received on
resale to verify whether Government suffered loss. If petitioner approaches
the first respondent, then there will be direction to him to furnish the details
2
of sale price received on resale of timber. Subject to petitioner’s
entitlement for collecting such information, the O.P. is dismissed leaving
freedom to the respondents to recover the amount if payment is not made.
C.N.RAMACHANDRAN NAIR
Judge
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