DELHI DEVELOPMENT AUTHORITY Vs. CENGERS GEOTECHNICA PVT LTD

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment dated 27th September, 2016. The broad facts are not in dispute in the present case.

(2.) The Respondent-Cengers Geotechnica Pvt. Ltd. (hereinafter "Geo Tech") is engaged in the business of engineering and civil construction. A tender was issued on 2nd April, 2005 by the DDA in respect of a construction project for 144 flats at Motia Khan. In order to bid for the said tender, Geo Tech had submitted its bid on 22nd April, 2005 and deposited a sum of Rs.5,98,986/- as earnest money. The opening of the tender was scheduled for 23rd April, 2005. The important condition of the tender was that the bids would be valid for a period of 90 days i.e. that they would come to an end on 21st July, 2005.

(3.) On 29th July, 2005, after the expiry of the validity period of the tender, a letter was written by the DDA informing Geo Tech that the tender has been rejected on the ground that it is a conditional tender and the earnest money has been forfeited.