Pinaki Chandra Ghose, J. - (1.) This appeal is directed against an order dated 22nd September, 2009 passed by the Hon'ble Single Judge in W.P. No. 28100 (W) of 2008.
(2.) This writ petition was filed against the action of 'M.S,T.C.' for not extending the time for depositing the balance sale value of plant. ma chinery and material of India Government Mint. Calcutta offered to be purchased by the petitioner through E-auction.
(3.) The facts of the case briefly are as follows A notice was issued for sale of plant, machinery and other materials of the appellant throw h M.S.T.C. Some of the terms and conditions of sale are set out hereunder : 2. VALIDITY 2.1 VALIDITY OF BIDS : All bids will be valid for acceptance by M.S.T.C./Seller for a period of 30 days from the date of closing of e- Auction, excluding the date of closing. In case the 30th day falls on a holiday or remains closed for M.S.T.C., such Bids will be deemed to be automatically extended to be valid upto the next working day of M.S.T.C. 3. Payment Of EXD/SD : 3.4 Upon Issuanace Of Acceptance Letter/sale Order, Full Matrial Value Payment For Existing Quantity Is to be made. 3.5 Non-submission of EDM within the stipulated time will lead to deactivation upto six months and deregistration of the concerned buyer and the registration tees shall be forfeited. 4. Payment Of Balance Sale Value With Taxes And Duties: 4.2 In case, the last day of payment happens to be Closed Holiday for M.S.T.C. or the Banking Institutions, the next working day will be taken as the day of payment without late payment charge. 4.3 In case of default in making payment within the time limits specified herein above, the due payments maybe made together with additional charge at one per cent per week or part thereof on the material value, within a period of 14 Calendar days from the date of the expiry of the free-payment time. However, Principal reserves the right to accept or not to accept sale value with additional charges after expiry of 14 days as mentioned above. 7. Forfeiture Of EMD/sale Value : 7.1 In case the whole or any part of the goods sold remain uncleared, even after the authorised period stated in the delivery schedule, the purchaser shall have no claim whatsoever on the goods remaining uncleared and the amount paid to IGMK including EMD shall stand forfeited at the expiry of the said period. IGMK shall have the right to dispose of such goods in any manner it likes. The purchaser will have no right whatsoever to any compensation. 7.2 In case of non-submission of balance material value, the EDM shall be forfeited without further notice and the defaulting oidder will be deregistered and deactivated and the registration fee shall be forfeited. ...... NOTE If the successful highest Bidder (Confirmed or Provisional/ Subject to Approval) fails to pay the EMD/Security Deposit in time from the date of issue of Sale Intimation Letter by email, then he shall be Debarred for a minimum period of 6(six) months from participating in all e-Auctions and disposal sales by M.S.T.C. on behalf of this Principal and, his Registration Fee will be forfeited. The petitioner became the highest bidder at the E-auction conducted by M.S.T.C. on 22nd August. 2008.;