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2009 Supreme(Del) 589

HIMA KOHLI
Kaleshwar Builders and Developers (P) Ltd. – Appellant
Versus
M. C. D. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajiv Bajaj, Adv.
For Respondents/Defendant: Nalin Tripathi, Adv.

JUDGMENT

Hima Kohli, J.

.1. The present writ petition is filed by the petitioner praying inter alia for directions to the respondent/MCD to issue a letter of allotment and possession in favour of the petitioner in respect of property being a dormitory at AG Block, Sanjay Gandhi Transport Nagar, Delhi, measuring 650 sq. mtrs. with a building comprising of the ground floor and the first floor. The petitioner also seeks quashing of the order dated 07.12.2007 issued by the respondent cancelling the bid of the petitioner on account of its failure to honour the same in accordance with the terms and conditions of the tender dated 09.08.2005 and forfeiting the earnest money

.deposited by the petitioner by invoking Clause 9 of the tender documents.

.2. Briefly stated, the facts of the case are that the respondent/MCD floated a tender on 09.08.2005, inviting quotations for built-up properties having locations at Sanjay Gandhi Transport Nagar. The last date fixed for receiving the tender forms was 12.09.2005. The petitioner participated in the aforesaid tender by depositing 25% of the bid money amounting to Rs. 17,56,000/- alongwith the tender documents. As per the terms and conditions of the
















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