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SUBRAMONIUM PRASAD
Gandharva Infrastructure And Projects Limited – Appellant
Versus
Unoin of India – Respondent
JUDGMENT
Subramonium Prasad, J.
1. The Petitioner has approached this Court for the following reliefs:
"i) Issue a writ of mandamus or any other writ, order or directions to be issued to restrain the Respondent No.3 from forfeiting 100% of the EMD deposited in the form of FDR No. 530401038029902 dated 22.07.20 19 with the Respondent No. 4 Bank against the Tender No. MCF/CMG/BH/ETN- 08/2019-20 dated 09.07.2019; and/or
ii) Issue a Writ of mandamus or any other Writ, order or directions to be issued to the Respondent No.3 to adhere to the pre-existing clause no. 16 technical bid of the notice inviting tender dated 09.07.20 19; and/or
iii) Pass such other order or orders as may be deemed fit and appropriate under the facts and circumstances of the case."
2. Shorn of unnecessary details, the facts leading to the instant writ petition are as follows:
i. It is stated that Respondent No.3/Master Control Facility (MCF) issued a Notice Inviting Tender (NIT) dated 09.07.2019 bearing No. MCF/CMG/BH/eTN-08/2019-20 for construction of pre-engineered steel building for LEOP Control Centre (LCC) for Master Control Facility at Bhopal including civil, PH, electrical, air-conditioning and allied works a
The timing of offer acceptance and withdrawal in relation to EMD forfeiture is crucial in determining the applicability of tender clauses and the entitlement to EMD return.
The sanctity of the offer made by the tenderer must be respected, and once a bid has been submitted pursuant to a tender, it has to be the price which the tendering authority is bound to consider whi....
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....
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.
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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