Petitioner has approached this Court seeking for refund of earnest money deposited at the time of tender before the respondent. According to the petitioner, though the tender was accepted, no contract was executed between the parties, on account of breach of promise on the part of the respondent authority. Therefore, the petitioner is entitled for refund of the earnest money deposited.
2. Respondent has filed a Counter affidavit inter alia stating that though the work was awarded in favour of the petitioner, they did not carry out the work and therefore earnest money deposited was forfeited. Reply affidavit is filed by the petitioner controverting the aforesaid contentions.
3. Having regard to the aforesaid contentions, it is clear that there is a dispute between the petitioner as well W.P.C.No.23245/2010 2 as the respondent with reference to whether there is breach of contract on the part of the petitioner or on the part of the respondent. This issue cannot be adjudicated in a proceedings under Article 226 of the Constitution of India and therefore relegating the parties to approach the Civil court, this writ petition is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr