TECHNO E-MINDS PRIVATE LIMITED Vs. SYAMA PRASAD MOOKERJEE PORT

JUDGEMENT

(1.) The petitioner has filed the present writ application praying for a direction upon the respondent Port Authorities to refund the Earnest Money Deposit (EMD) amounting to Rs.29,42,418.00. The respondent nos. 1 and 2 invited bids through E-Tender-cum-E-Auction vide NIT No. SMP/KDS/LND/87-2023 dtd. 1/11/2023 for allotment of vacant land at East Medinapore, Jellinghan, Gangrachar being Plot No. 82/23(A), on long term lease of 30 years, on 'as is where is basis ' without renewal option against payment on annual rent/ upfront basis.

(2.) The petitioner had participated in the said tender by depositing the earnest money amounting to Rs.29,42,418.00 out of which an amount of Rs.55,200.00 was for the bank guarantee.

(3.) Mr. Soumava Mukherjee, Learned Advocate representing the petitioner submits that the e-auction was conducted on the server of the respondent no. 4. The e-auction portal of the respondent no. 4 is designed in such a fashion that in case an abnormal price bid is submitted by any bidder, by way of a pop-up, the portal would show an alert to the concern bidder. On 16/2/2024, the authorized representative of the petitioner participated in the e-auction. The petitioner has been quoting its price bid one rupee more than the quote of the highest competitor bidder. He submits that there was an inadvertent mistake in the last quote submitted by the petitioner wherein instead of Rs.2000701.00, quoted of Rs.20007001.00. He submits that the said inadvertent mistake could not be noticed since the portal did not send any alert by way of a pop-up.