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2023 Supreme(Bom) 1925

S. V. GANGAPURWALA, SANDEEP V. MARNE
Ram Omprakash Patil – Appellant
Versus
Secretary , Govt. of India – Respondent


Advocates appeared:
Venkatesh Dhond, Advocate, Rashi Raghavan, Advocate, Janhavi Kamik, Advocate, S.A. Khan, Advocate, Himanshu Kode, Advocate, Vivek Arote, Advocate, Advait M. Sethna, Advocate, D.P. Singh, Advocate, Poushali Roychoudhary, Advocate, Rangan Majumdar, Advocate, Sandeep Raman, Advocate

JUDGMENT/ORDER

S.V.GANGAPURWALA, J. - The Petitioner participated in the tender process initiated by the Respondents for auction of agricultural land and was declared as a highest bidder at Rs.66,00,000.00 (Rupees Sixty Six Lacs Only). The Petitioner deposited the earnest money of Rs.6,63,000.00 (Rupees Six Lacs Sixty Three Thousand Only). The Petitioner thereafter deposited 25% of the amount i.e. Rs.9,75,000.00 (Rupees Nine Lacs Seventy Five Thousand Only). The Petitioner, in all, had deposited Rs.16,53,000.00 (Rupees Sixteen Lacs Fifty Three Thousand Only). Subsequently, Respondent No.3, under the order dtd. 18/8/2022 cancelled the auction conducted by Respondent No.2 due to technical reasons. Under the said order dtd. 18/8/2022 cancelling the auction, Respondent No.2 also returned the amount of Rs.16,53,000.00 (Rupees Sixteen Lacs Fifty Three Thousand Only) deposited by the Petitioner under cheque No.277513 dtd. 18/8/2022. The Petitioner assails the order dtd. 18/8/2022 cancelling the auction.

2. Mr.Dhond, the learned Senior Advocate for the Petitioner in his usual lucid manner canvassed his submissions and put-forth following propositions.

    a) The concluded contract had come into

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