Parties are bound by the explicit terms of the tender document, and requests for extensions are invalid if they contravene such conditions.

JUDGMENT :

MANOJ JAIN, J.

1. The respondent Authority issued a tender document for e-auction for Industrial properties on "as is where is basis.‟

2. The broad terms and conditions for the bidders were described exhaustively in the tender document.

3. Chapter III of the Tender Document contained General Terms and Conditions of e-auction and inter-alia provided that if the payment, in terms of the demand letter, was not deposited within the stipulated period, the bid would stand automatically cancelled, without any further notice. It was also mentioned that no extension of time would be granted for payment of 75% of the bid amount for a period after 270 days from the date of issuance of demand-cum-allotment letter and the relevant clause of such Tender Document reads as under:-

“9. The demand-cum-allotment letter would be sent to the successful bidder immediately after the bid is accepted by the competent Authority. The highest bidder is required to make payment of balance/75% bid amount, as demanded vide said demand letter referred to above, within 90 days from date of issuance of demand letter (without interest)/within 270 days from the date of issuance of demand letter (subject to payment of interest on the balance amount @ 10.00% p.a. during the extended period) by RTGS/Online Payment through Net Banking/Credit Card/Debit Card falling which the bid will automatically stand cancelled without any further notice. No extension of time will be granted for payment of 75% of bid amount for period after 270 days from the date of issuance of demand-cum-allotment letter.”

(emphasis supplied)

4. The petitioner participated in the above said e-auction process and was declared successful for Industrial plot at A-43, Keshopur Industrial Area, New Delhi. His bid of Rs. 1,93,94,173/-, being the highest one, was accepted by the respondent. A due communication in this regard was also sent to him and Letter of Intent (LOI) was, accordingly, issued to him on 15^th November, 2021.

5. Further, as per the demand-cum-allotment letter dated 06.12.2021, it was categorically mentioned that the amount payable along with the interest, if any, is to be done within the stipulated time frame as provided under the table in such letter. It also bears a specific note which reads as under:-

“3. No extension of time shall be granted for payment of demanded amount for period beyond 270 days from date of issuance of demand cum allotment letter under any circumstances (Date of issuance is included in 270 days granted). In case the payment of balance premium along with interest (If any) is not received within the stipulated period as indicated above, the bid shall automatically stand cancelled and the entire EMD (25% of premium) shall automatically stand forfeited without any notice. In that case, DDA shall be at liberty to re-auction the plot.”

6. The calculation of the balance premium amount payable by the petitioner was also done by the Authority and was duly communicated to the petitioner on 6^th December, 2021.

7. Admittedly, the 25% of the bid amount was deposited by the petitioner within the stipulated period.

8. The balance amount of 75% was to be deposited by him by 5^th March 2022 (without interest) and by 1^st September, 2022 (with the stipulated interest).

9. Before delving further with the averments made in the present petition, it would also be worthwhile to highlight that the petitioner had earlier also filed a writ petition which was registered as W.P. (C) 14060/2022. In the above said writ petition, the petitioner herein sought direction to p