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UMESH A. TRIVEDI, RAJENDRA M. SAREEN
Vaishwi Infrastructure Private Limited – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
Umesh A. Trivedi, J.
1. This petition is filed under Article 226 of the Constitution of India praying for following reliefs:
(B) Your Lordships may be pleased to issue a writ of mandamus /or writ of appropriate nature directing respondent no.2 to grant time up to 31.12.2022 to the petitioner to pay the remaining balance bid amount under the tender (Annexure-A);
(C) During the pendency, hearing and final disposal of the present petition, Your Lordships may be pleased to restrain respondent no.2 from issuing another tender for auction /sale /lease of Final Plot No.127 situated at Kudasan TPS No.6 (Kudasan –
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....
Bidders in a tender process must adhere to the terms and conditions outlined in the auction documents; failure to comply justifies cancellation of bids and forfeiture of earnest money.
The demand for misc. expenses, development charges, and lease money was illegal and non est in law as the Guidelines governing the auction did not authorize the respondent-Board to realize these amou....
A letter of intent signifies acceptance of a bid, forming a binding contract. Subsequent withdrawal due to administrative reasons must be justifiable and non-arbitrary under contractual principles.
A party cannot be penalised disproportionately for the lapses of the other party.
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.
The DDA's right to withdraw any plot from auction or reject any bid without assigning any reason is not untrammelled or unrestricted. It must be exercised in a fair and reasonable manner and cannot b....
The main legal point established is that a buyer's knowledge of encroachment and pending litigation, as disclosed in the E-tender document, precludes the claim of ignorance and supports the interpret....
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