EMD for the proposed
bid.
6. The learned Standing Counsel for the DDA submits that
the said EMD already stands forfeited. However, since the
petitioner ... case, the DDA is
directed to treat the earlier EMD (forfeited) as the
petitioner's EMD for the fresh bid scheduled
correspondences between them. The EMD was forfeited
and subsequently, a letter dated 16.12.2016 was sent, forfeiting the EMD of
the Plaintiff and subsequently, a fresh ... declaration that
the letter dated 16.12.2016 of the Defendant Bank, forfeiting the EMD of the
Plaintiff, is null and void and for permanent injunction, restraining
General Body of
respondent no.2 took a decision to forfeit EMD of
the petitioner and to float fresh tender.
4. While issuing notice ... terms. Eventually, the General
Body took a decision to forfeit EMD and to float
the fresh tender.
9. We have considered the submissions
canvassed
appellant was for return of the EMD.
Since the balance sale consideration was not remitted,
the EMD was forfeited on 07.02.2020. The Court also
allowed ... EMD, on
22.09.2020, the appellant comes up with applications to
set aside Annexure-R6 letter dated 07.02.2020 whereby
the EMD was forfeited and to allow
specified in the LOA,
failing which the LOA may be cancelled, EMD forfeited and the action
taken as per HPCL Holiday Listing Guidelines. The Guidelines
asked for extension of time, the respondent ought not to
have forfeited the EMD.
11. This is merely in the nature of a mercy plea ... found with the respondent in
seeking to terminate the agreement or forfeit the EMD. The
respondent could not be expected to wait ad infinitum
auction
in favour of the petitioner stands set aside and the EMD forfeited has no
merit, since that is an issue which has not attained
writ application, page : 114], cancelled the
allotment of plot and forfeited the EMD to the tune of Rs.35,65,860/-.
18 In view ... securing the parties and on its breach, the
amount deposited (EMD) is forfeited, then such stipulation could be said
to be in the nature
SUPPORT/MM/2019/416664 dated
27.11.2019 was cancelled and EMD forfeited as per provisions of
clause 23.8(c) of tender document.
"(The Bid Security ... SUPPORT/MM
/2019/416664, dtd.27.11.2019 was cancelled and EMD forfeited as
per provsions of clause 23.8(e) of Annexure-1 of tender
SUPPORT/MM/2019/416664 dated
27.11.2019 was cancelled and EMD forfeited as per provisions of
clause 23.8(c) of tender document.
"(The Bid Security ... SUPPORT/MM
/2019/416664, dtd.27.11.2019 was cancelled and EMD forfeited as
per provsions of clause 23.8(e) of Annexure-1 of tender