JUDGMENT

Vibhu Bakhru, J. Delhi Development Authority (hereafter `DDA') has filed the present appeal impugning a judgement dated 19.07.2022 (hereafter `the impugned judgment') passed by the learned Single Judge whereby the action of DDA in cancelling the sale of the industrial property (Plot No.86, Block-C, admeasuring 100 sq. mtrs. situated in Mangolpur Industrial Area, Phase-I, hereafter `the property') was set aside. DDA contends that the respondents have not complied with the terms and conditions of the auction and therefore, the Earnest Money Deposit (EMD) paid by the respondents is required to be forfeited.

2. DDA assails the impugned judgment, essentially, on two grounds. First, that the learned Single Judge had disregarded the terms of the auction; and second, that the learned Single Judge had referred to the decision of the Supreme Court in R.K. Saxena v. Delhi Development Authority, (2001) 4 SCC 137, which is inapplicable to the facts of the present case.

2.1. The controversy in this appeal arises in the context of the terms and conditions of the notice inviting tender for sale of the property issued by DDA on 27.09.2020. The terms and conditions of the auction as set out