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IN THE HIGH COURT AT CALCUTTA
KRISHNA RAO
Techno E-Minds Private Limited – Appellant
Versus
Syama Prasad Mookerjee Port – Respondent
| Table of Content |
|---|
| 1. petitioner seeks refund of emd for bidding mistake. (Para 1 , 2) |
| 2. petitioner argues auction system failed to alert for bid error. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. respondents claim bidder acted knowingly in high bid. (Para 10 , 11 , 12 , 14) |
| 4. court affirms that bidder had opportunities to correct mistakes. (Para 13 , 15 , 16 , 18 , 19) |
| 5. petition dismissed due to breach of tender conditions. (Para 20 , 21 , 22) |
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. Soumav
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.
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