ARUP KUMAR GOSWAMI, ARVIND SINGH CHANDEL
Ambey Industries, a proprietorship firm, through its Proprietor Shri Dilip Kumar Agrawa – Appellant
Versus
Chhattisgarh State Civil Supplies Corporation Limited – Respondent
ORDER :
Arvind Singh Chandel, J.
1. Since common questions are involved in both the writ petitions, they are disposed of by this common order.
2. Both the writ petitions have been preferred by the petitioner against the respondents for the following reliefs:
2. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order dated 13/04/2022 (ANNEXURE P/2) passed by the Managing Director of the Respondent Corporation;
3. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions order/orders quashing the impugned communication dated 01/04/2022 (ANNEXURE P/3) passed by the Respondent Corporation;
4. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders quashing the impugned order dated 31/03/2022 (ANNEXURE P/4) passed by the Respondent Corporation;
5. That, this Hon’ble Court may kindly be pleased to declare that the price bid of the Petit
Forfeiture of earnest money is valid before contract execution if tenderer provides false information, without invoking Sections 73 and 74 of the Contract Act.
Tender clauses permit EMD forfeiture and contract cancellation without notice for failing performance security; debarment requires specific prior show cause notice per natural justice principles due ....
The principle of natural justice requires that the affected party be given a reasonable opportunity to defend themselves, and any proposed penalty/action should be mentioned specifically and unambigu....
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 ....
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