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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Bedi Hospital – Appellant
Versus
Chandigarh Administration – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks the quashing of the letter dated 27.1.2023 (Annexure P-13), wherebys after execution of the agreement to sell and the depositing of the entire sale consideration, the respondents concerned, have allegedly unilaterally cancelled the bid contract in respect of Nursing Home Site No. 4, Sector 33-C, Chandigarh. Furthermore, the petitioner also seeks the quashing of the letter dated 9.2.2023 (Annexure P-24), wherebys the agreement to sell dated 28.10.2022 has been cancelled by the respondents.
Brief facts of the case
2. It is averred in the instant petition, that respondent No. 2 published a notice dated 31.8.2022 (Annexure P-1) for conducting an eauction of commercial and nursing home sites on freehold basis in Chandigarh. The general terms and conditions (Annexure P-2) of the eauction were uploaded on the e-auction website. Subsequently on 4.9.2022, respondent No. 2 issued a corrigendum wherebys, the last date for payment of Earnest Money Deposit (EMD, and, for submission of the documents, was extended upto 13.10.2022. As per the said corrigendum, the auction was scheduled to be held from 18.10.2022 ti
The court established that the cancellation of the tender was arbitrary and motivated by commercial, political, and populist interests, emphasizing the contractual rights of the parties and the absen....
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
Non-approval of auction bids by Managing Director rendered the bidding process incomplete, with absence of sufficient competition justifying cancellation under public interest.
A concluded contract arises from an unqualified acceptance of an offer, but acceptance of a refund can imply rescission of that contract, negating any claims for its enforcement.
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