Back
IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Techno E-Minds Private Limited – Appellant
Versus
Syama Prasad Mookerjee Port – Respondent
JUDGMENT :
Krishna Rao, J.
1. The petitioner has filed the present writ application praying for a direction upon the respondent Port Authorities to refund the Earnest Money Deposit (EMD) amounting to Rs. 29,42,418/-. The respondent nos. 1 and 2 invited bids through E-Tender-cum-E-Auction vide NIT No. SMP/KDS/LND/87-2023 dated 1st November, 2023 for allotment of vacant land at East Medinapore, Jellinghan, Gangrachar being Plot No. 82/23(A), on long term lease of 30 years, on ‘as is where is basis’ without renewal option against payment on annual rent/ upfront basis.
2. The petitioner had participated in the said tender by depositing the earnest money amounting to Rs. 29,42,418/- out of which an amount of Rs. 55,200/- was for the bank guarantee.
3. Mr. Soumava Mukherjee, Learned Advocate representing the petitioner submits that the e-auction was conducted on the server of the respondent no. 4. The e-auction portal of the respondent no. 4 is designed in such a fashion that in case an abnormal price bid is submitted by any bidder, by way of a pop-up, the portal would show an alert to the concern bidder. On 16th February, 2024, the authorized representative of the petitioner participated in
A bidder cannot claim EMD refund due to an inadvertent error in a bid amount when sufficient safeguards exist in the bidding process to prevent such mistakes.
Presence of an arbitration clause would oust jurisdiction under Article 226.
Auction /Bid - Bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested pe....
E-auction – Mistake in bid – While undertaking exercise of judicial review of matters relating to tenders, court has to strike a fair balance between interests of Government, which is always expected....
Forfeiture of Earnest Money requires intent to mislead; accidental clerical errors should not disqualify bidders nor invoke punitive measures, affirming principles of natural justice.
A successful bidder cannot be penalized for inadvertent documentation errors, and forfeiture of earnest money requires proof of intent to mislead, reflecting principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
