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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ JAIN
Abhishek Monga – Appellant
Versus
Delhi Development Authority – Respondent
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 paym
Parties are bound by the explicit terms of the tender document, and requests for extensions are invalid if they contravene such conditions.
Auction /Bid - Bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested pe....
The main legal point established in the judgment is that a vigilant claimant is expected to be aware of policy changes and pursue claims promptly, and failure to avail the benefit of extended time gr....
The court ruled that failing to meet a stipulated payment deadline invalidates any claims for extension based on subsequent communications, reinforcing the binding nature of auction terms.
The court upheld that failure to act on granted extensions in an auction context forfeits eligibility for further relief, emphasizing bid terms create binding obligations.
Bidders in an auction must conduct due diligence and cannot claim relief for undisclosed property conditions if they had the opportunity to inspect before bidding.
Under the Enforcement Rules, a period of 15 days is prescribed for payment of the balance sale consideration. Rule 9(4) of the Enforcement Rules after its amendment with effect from mandated that any....
The court affirms that extensions for auction payments can be granted within the framework established by relevant enforcement rules.
Participants in an auction must adhere strictly to payment timelines; forfeiture of the Earnest Money Deposit is justified for failure to comply with clearly defined contractual terms.
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