Indian Hotels Company Ltd. vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
YASHWANT VARMA
Indian Hotels Company Ltd. – Appellant
Versus
Union of India – Respondent

Table of Content
1. challenge to bid security forfeiture. (Para 1 , 2 , 3 , 4 , 5)
2. details of the bidding process. (Para 6 , 7 , 8 , 9)
3. arguments against forfeiture clause. (Para 10 , 11 , 12)
4. legal precedent on delay and forfeiture. (Para 13 , 15 , 19)
5. court's principles on forfeiture. (Para 14 , 36)
6. court's observations on fairness and jurisdiction. (Para 21 , 22 , 28 , 29 , 35)
7. final judgment to refund. (Para 37)

JUDGMENT

1. The writ petitioner has approached this Court aggrieved by the action of the second respondent in forfeiting the bid security which was submitted by it in the course of a process for award of contract initiated by that respondent. The challenge essentially is to the communication of 18 March 2019 & 28 May 2019 pursuant to which the second respondent apprised the petitioner of its decision to forfeit the bid security which had been submitted.

2. The second respondent had invited Requests For Proposal [RFP] for selection of developer cum operators of a proposed five-star hotel at the International Exhibition Cum Convention Center [IECC] at Pragati Maidan, New Delhi. The proposals were invited on terms which are set forth in the RFP which stands p

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DELHI HIGH COURTYASHWANT VARMAIndian Hotels Company Ltd. – AppellantVersusUnion of India – Respondent

DELHI HIGH COURT
YASHWANT VARMA
Indian Hotels Company Ltd. – Appellant
Versus
Union of India – Respondent