petitioner contends
that respondent No.1 lacked authority under law to forfeit the
EMD. It was argued that Section 35 of the IBC empowers ... Schedule I of the Regulations does not
empower the liquidator to forfeit EMD for failure to deposit
allotment of tender in favour
of the petitioner and further forfeiting the EMD amount
deposited by the petitioner. It is brought to the notice ... issued
by respondent No.3 so far it relates to forfeiting the EMD
amount Rs.50,000/- deposited by the petitioner is hereby
quashed
refund of EMD amount and the respondents -
BBMP have rightly forfeited the EMD deposited by the
petitioner.
b) The petitioner was required to execute ... respondents - BBMP to refund the
EMD. Clause 9.6 of the tender document specifies that the EMD
may be forfeited if the tenderer withdraws the tender
allotment of tender in favour
of the petitioner and further forfeiting the EMD amount
deposited by the petitioner. It is brought to the notice ... issued
by respondent No.3 so far it relates to forfeiting the EMD
amount Rs.50,000/- deposited by the petitioner is hereby
quashed
allotment of tender in favour
of the petitioner and further forfeiting the EMD amount
deposited by the petitioner. It is brought to the notice ... issued
by respondent No.3 so far it relates to forfeiting the EMD
amount Rs.51,000/- deposited by the petitioner is hereby
quashed
allotment of tender in favour of the petitioner and
further forfeiting the EMD amount deposited by the
petitioner. It is brought to the notice ... issued
by respondent No.3 so far it relates to forfeiting the EMD
amount Rs.48,000/- deposited by the petitioner is hereby
quashed
Conditions of Contract, and the EMD/Performance Guarantee and
security deposit will be forfeited. The time to complete the project
was extended on eight occasions ... extended time led respondent No.1 to terminate the
contract and forfeit the EMD/Performance Guarantee and security
deposit.
3. Sri Sandesh J. Chouta, learned
petitioner submitted an application to the third
respondent, requesting not to forfeit the shop-cum-godown allotted,
stating that the farmer's dues amounting ... resolved to
cancel the allotment of the shop-cum-godown and forfeited the EMD
deposited by the petitioner. This decision was communicated to the
petitioner
document.
Instead of addressing the representation, respondent No.3 forfeited
the earnest money deposit (EMD) submitted by the petitioner,
alleging non-performance of the work ... issue a
corrigendum withdrawing this condition, and subsequently forfeiting
the petitioner's EMD, constitutes an error. The petitioner did not
violate any terms specified
refund of the EMD amount deposited at the time of
participation.
2. The EMD amount was forfeited as the petitioner failed
to comply with ... learned counsel for the parties jointly submit that
the EMD amount deposited by the petitioner will be refunded after
deducting