deal with the
forfeiture of the EMD. It deals with a case where the EMD is
forfeited and stipulates the consequences thereof, namely,
disqualification ... account of
their EMD having been forfeited, we do not interfere with the
decision to forfeit the EMD but with the decision consequent
thereto, namely
2022 in August 2022,
seeking refund of its forfeited EMD on the grounds that it was
prevented from paying the first instalment ... 2022 filed by the Respondent seeking refund of forfeited
EMD came up for final adjudication, and upon hearing the parties, the
Adjudicating Authority passed
conditions of the contract, the defendant is not entitled to forfeit the EMD, since no loss was sustained by the defendant. The EMD amount proportionate ... refunding the EMD for 3000MT was procedural. By virtue of Clause 6 of the tender the EMD had to be forfeited. The terms
offer implies that it is unwilling to supply; and therefore its
EMD is forfeited as per tender terms and conditions. It appears that vide
Resolution ... right in law?
b) Whether the respondents were entitled to forfeit the EMD of the petitioner?
ISSUE (a) :
19. The 1st respondent is a statutory
refund of the amount of EMD.
According to the Tender document, the amount of EMD is
to be forfeited if the Tenderer fails to perform ... open and
negotiations has commenced and breach thereof would
result into forfeiting EMD and such tenderer would be
considered ineligible for any future assignment
discretion, disqualify, reject, or
terminate the bid contract and forfeit the EMD or all dues.
2.4. The Form – N submitted by the PST was attached ... forfeit the EMD. Therefore, the PST was asked to show cause as to
why the EMD should not be forfeited.
2.5. In response to this
Terms of the Tender, which empowers "the Board" to forfeit the
EMD. At the same time, the petitioner has challenged an order
dated ... that vide communication dated
09.08.2023 an order came to be passed forfeiting the EMD in view
thereof, Bank Guarantee was presented to encash the same
show-cause
notice for action mentioned therein, the action of forfeiting the
EMD as also blacklisting, is also clear and apparent in the said
terms ... breach of Clause mentioned therein, which states
about taking action of forfeiting EMD as also order of
blacklisting for a period of three years
impugned
notice dated 18.06.2021 (Annexure-12) TSECL terminated the contract and
forfeited the EMD submitted by the petitioner in the shape of bank guarantee ... petitioner to deposit 10%
performance security, terminated the contract and forfeited the EMD already
furnished by the petitioner without issuing any show cause notice
Respondents'
conduct in rejecting the Petitioner's bid and forfeiting the EMD
amount without so much considering the request/representation
sought ... Tulzapurkar then submitted that the Respondents'
action of forfeiting the EMD was also not in accordance with the
terms of the tender. In support
