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BHARATI DANGRE
Mystical Techplast Pvt. Ltd. Thru Deepak Shamu Kharat – Appellant
Versus
Maharashtra State Road Development Corporation Ltd Thru Its Managing Director, – Respondent
JUDGMENT
1. The question that arises in the present Appeal is whether a condition stipulated in the letter of acceptance to the effect that a lease agreement will be executed only after the Government approval of Model Lease Agreement, with conditions regarding subleasing etc. and stipulation of signing of the lease agreement on compliance of the said condition, would amount to a 'Concluded Contract'. Another ancillary point which need an appreciation in the Appeal, is whether absence of condition in the tender document to the effect that the lease agreement shall be subject to sanction of the State Government, would cease to have it's contingent effect.
2. Heard Advocate Surel S Shah for the applicant and Sr. counsel Dr. Milind Sathe for the respondent. With the assistance of the respective counsel, I have perused the Memo of Appeal as well as the documents appended thereto, including the document of RFP (Request For Proposal) as well as the copy of the plaint, written statement and the impugned order.
3. The Maharashtra State Road Development Corporation (MSRDC), an undertaking of the Government, issued a Request for Proposal to bidders, inviting submission of 'proposal' for the lea
The main legal point established in the judgment is that the presence of contingent conditions in a Letter of Acceptance can impact the formation of a concluded contract, and the intention of the par....
The main legal point established in the judgment is that the Letter of Acceptance (LOA) issued in favor of the Plaintiffs was not a concluded contract, and the cancellation of the LOA was not arbitra....
Government Contract – A Letter of Intent (LoL) merely indicates party’s intention to enter into a contract with other party in future and is not intended to bind either party ultimately to enter into....
Concluded contract – Offer and acceptance of an offer must be absolute. It can give no room for doubt.
The main legal point established in the judgment is that the contract stood concluded upon acceptance of the bid, and the subsequent signing of documents was only for formal documentation. The court ....
A letter of intent signifies acceptance of a bid, forming a binding contract. Subsequent withdrawal due to administrative reasons must be justifiable and non-arbitrary under contractual principles.
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