TMI Blog2000 (3) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... other party without impleading the affected person as a party in which the stay order granted by the Court, such person can be directed to forfeit a part of the security amount deposited by him particularly when the court itself found that even the equities were equally balanced between the State and such person. The facts of the case giving rise to the determination of the questions of law formulated hereinabove are that a tender notice inviting tenders for disposal of Tendu leaves for 1995 session was issued by the respondent-State on 20th November, 1995. Respondent No.4 offered his tender in respect of different lots including Lot No.597 and was declared the highest bidder for the said lot on 20th December, 1995. On account of so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected on 1.4.1997. The writ petition filed by the respondent No.4 was disposed of by a learned Single Judge of the High Court by quashing order dated 27.1.1996 to the extent by which the earnest money deposited by respondent No.4 had been directed to be forfeited and a direction was issued to refund the earnest money to respondent No.4. After disposal of the aforesaid writ petition the appellant requested the respondents 2 and 3 to refund his security amount of ₹ 2,68,217.72 vide his letter dated 24.4.1997. He pleaded that since Tendu leaves, which was a perishable item, had already perished and rotten with the result that its value had become useless by lapse of time. He also prayed for 18% interest on the security amount which was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es are a perishable item. For no fault of his the appellant was prevented from collecting the Tendu leaves for which he had deposited his security amount. It is worth noticing that when the writ petition filed by respondent No.4 was partly allowed by a learned Single Judge of the High Court, the official-respondents had not filed a Letters Patent Appeal. In the writ petition No.1934/97 filed by the appellant, the learned Single Judge of the High Court held on facts: In view of these circumstances, this Court has no hesitation in holding that the contract between the parties has frustrated. The respondents are not entitled to compel the petitioner to purchase or lift the Tendu leaves at the price quoted by him. The respondents are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an act of the Court shall prejudice no man, shall be applicable. This maxim is founded upon justice and good sense which serves a safe and certain guide for the administration of law. The other maxim is, lex non cogit ad impossibilia - the law does not compel a man to do which he cannot possibly perform. The law itself and its administration is understood to disclaim as it does in its general aphorisms, all intention of compelling impossibilities, and the administration of law must adopt that general exception in the consideration of particular cases. The applicability of the aforesaid maxims has been approved by this Court in Raj Kumar Dey Ors.vs. Tarapada Dey Ors.[1987 (4) SCC 398] and Gursharan Singh Ors vs. NDMC Ors. [1996 (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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