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2013 Supreme(Del) 1718

REVA KHETRAPAL, PRATIBHA RANI
NDMC – Appellant
Versus
Alpha Bhoj Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant:Mr. Arvind Shah, Addl. Standing Counsel with Dr. Kumar Jwala, Advocate.
For the Respondent:Mr. Anil Airi, Mr. Hemant Manjani , Mrs. Sadhna Sharma, Advocates.

Pratibha Rani, J.—

1. This appeal is directed against the judgment dated 09.07.2012 whereby the suit filed by Alpha Bhoj Pvt. Ltd. (Plaintiff in CS(OS) No.3129/1996) was decreed for a sum of Rs.20 lacs alongwith pendente lite and future interest (simple) @ 9% per annum till realisation.

2. The facts giving rise to filing of this appeal can be summarized as under :-

The Appellant NDMC issued advertisement in newspaper on 12.02.1996 inviting tenders for licence for running an air conditioned restaurant in underground Palika Parking Complex, Connaught Place, New Delhi. Since the highest bidder failed to complete the formalities, this resulted into forfeiture of the earnest money of Rs.50,000/- of the highest bidder. Appellant, thereafter, offered the restaurant on licence to the second highest bidder i.e. Respondent Alpha Bhoj Pvt. Ltd. (plaintiff in CS(OS) No.3129/1996). Appellant sent offer dated 30.07.1996 (Ex.PW1/4) calling upon to complete the formalities by 09.08.1996, failing which, the allotment will automatically stand withdrawn after the expiry of above mentioned date and the earnest money deposited by the Respondent with the tender stand forfeited. The Respondent did not compl


























































































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