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SATISH CHANDRA SHARMA, SANJEEV NARULA
Gandharva Infrastructure And Projects Ltd. Through Director Santosh Kumar Bagla – Appellant
Versus
Union of India Through Secretary – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. (Oral) - The present Letters Patent Appeal ("LPA") is arising out of judgment dated 08.08.2023 passed in W.P.(C.) No. 9736/2023, whereby the learned Single Judge has declined the grant of relief as prayed for in the writ petition which was in respect of refund of Earnest Money Deposit ("EMD") made by the Appellant/Petitioner against the tender No. MCF/CMG/BH/ETN-08/2019-20 dated 09.07.2019 issued by Respondent No. 3 ("Subject Tender").
2. The facts of the case reveal that the Appellant before this Court - a public limited company, incorporated under the Companies Act, 1956, participated in the Subject Tender. The Subject Tender was issued for the work of 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. The Appellant submitted its bid on 25.07.2019 and also deposited the EMD of Rs.28,02,000/- vide FDR No.530401038029902 dated 22.07.2019 as required by the Subject Tender.
3. The Appellant's contention is that after submission of the bid, the Appellant realized that it has committed an inadvertent clerical mistake, whe
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 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 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....
Tender conditions prohibiting the modification or withdrawal of bids after submission are strictly binding. A unilateral clerical error by a bidder does not entitle them to equitable relief or the re....
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.
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