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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
CJ DARCL Logistics Limited – Appellant
Versus
Food Corporation of India – Respondent
| Table of Content |
|---|
| 1. summary of factual background and tender bidding error. (Para 1 , 2) |
| 2. petitioner's assertion of inadvertent mistake and proportionality of relief. (Para 3 , 4 , 5 , 6 , 7) |
| 3. respondent's defense of strict adherence to tender terms and conditions. (Para 8 , 9) |
| 4. mandatory nature of tender conditions prohibiting bid modification. (Para 10 , 11 , 12 , 13) |
| 5. distinguishing applied precedents based on specific factual circumstances. (Para 14 , 15 , 16 , 17 , 18) |
| 6. dismissal of petition due to lack of merit. (Para 19 , 20) |
JUDGMENT
LAPITA BANERJI, J.
Prayer in the present petition filed under Articles 226/227 of the Constitution of India, inter-alia, is for setting aside of the decision dated April 22, 2026 (Annexure P-8) and for issuance of a writ of mandamus directing the withdrawal of the petitioner’s price bid dated February 23, 2026 (Annexure P-4). Furthermore, the petitioner company has prayed for release of the Earnest Money Deposit (EMD) amount of Rs. 13,67,780/- along with interest @ 12% per annum with effect from April 10, 2026 till the date of actual payment.
2. The brief facts of the case are as follows:
i) The petitioner is a company engaged in the business of
The sanctity of the offer made by the tenderer must be respected, and once a bid has been submitted pursuant to a tender, it has to be the price which the tendering authority is bound to consider whi....
Courts may mitigate penalties for inadvertent bidding errors, emphasizing fairness in tender processes.
The timing of offer acceptance and withdrawal in relation to EMD forfeiture is crucial in determining the applicability of tender clauses and the entitlement to EMD return.
E-auction – Mistake in bid – While undertaking exercise of judicial review of matters relating to tenders, court has to strike a fair balance between interests of Government, which is always expected....
Mistake – A mistake may be unilateral or mutual, but it is always unintentional – If it is intentional, it ceases to be a mistake – Mistakes, including by authorities, should be resolved through corr....
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.
Presence of an arbitration clause would oust jurisdiction under Article 226.
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