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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Rohini Enterprise – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
1. The letter impugned dated September 19, 2022, of termination of contract and forfeiture of the earnest money deposit of the petitioner, to the tune of Rs.11,94,000/- has been challenged by the petitioner in the instant writ petition, on the grounds inter-alia of arbitrariness, fraud by suppression of material facts to initiate the tender by the respondent authority and violation of the principles of natural justice in case of the petitioner, having not granted the proprietors of the firm an opportunity of hearing, before termination of the contract.
2. Relevant background facts are like this. The respondent No. 3/the Senior Divisional Commercial Manager, Eastern Railway, Sealdah Division invited tender, for the purpose of awarding license for operation of composite parking lot No.SDAH at Sealdah railway station, for a period of three years. The closing date for submission of bid was July 4, 2022. The area in which the license holder shall commence the parking operation, would be comprising of 1890 square meters. According to the writ petitioner, it was incumbent upon the respondent/Railways to hand over to it, that is the successful bidder, an unenc
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 ....
The NIT stipulated that tenderers who resile before the validity period shall be liable for forfeiture of EMD. The action of the respondents in seeking change of the rate offered bid amounted to resi....
The main legal point established in the judgment is the limited scope of judicial review in tender/contractual matters, emphasizing that courts cannot rewrite contracts and that the remedy for contra....
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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