Search Results for "earnest money forfeiture"

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Search Results for "earnest money forfeiture"

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High Court

Bombay High Court Decides Writ Petition Challenging Bid Rejection and EMD Forfeiture in Coal Handling Tender. Petitioner challenges rejection of its bid for coal linkage materialisation by MAHAGENCO and subsequent forfeiture of EMD.

9 Apr 2025

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a company engaged in coal liaisoning, movement, handling, and delivery, challenged the r...

High Court

Bombay High Court Quashes Cancellation of Plot Allotment and Forfeiture of Earnest Money by MIDC for Violation of Natural Justice. Allotment Cancelled Without Show Cause Notice Held Illegal Under Terms of Allotment Letter and Principles of Natural Justice.

29 Jun 2016

The petitioner, M/s. Magma Agro Products Pvt. Ltd., a registered private limited company engaged in manufacturing agro-based products, applied to the ...

Supreme Court

Supreme Court Upholds Bank's Reauction and Deposit Forfeiture Under SARFAESI Act, 2002. Auction purchaser's failure to pay balance within stipulated time justified forfeiture, with liberty to pursue recovery through independent proceedings.

11 Apr 2023

The appeal arose from a dispute involving auction proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

High Court

Bombay High Court Allows Contractors' Petitions in Tender Dispute — Rejection of Bids for Non-Submission of Earnest Money Deposit Held Illegal. Court directed refund of EMD and costs, holding that rejection of bids without proper opportunity to cure defects violated principles of natural justice and Section 4 of the Maharashtra Public Works Department Manual.

30 Nov -0001

The judgment concerns four writ petitions filed by construction companies against the State of Maharashtra and its officers. The petitioners had submi...

High Court

Bombay High Court Dismisses Petition Challenging CIDCO's Forfeiture of EMD in Plot Allotment. Bid Validity Extended by CIDCO, Allotment Letter Issued Within Extended Period, Petitioner Cannot Unilaterally Withdraw.

11 Aug 2022

The petitioners, Infinity Infra and its partner Ajit Achyut Kandpile, filed a writ petition challenging the action of the City and Industrial Developm...

Supreme Court

Supreme Court Allows Appeals by Odisha Forest Development Corporation Ltd. in Tender Dispute — Refund of Deposit Ordered by High Court Set Aside. Forfeiture of Security Deposit Upheld as Per Contract Terms When Writ Petition Withdrawn Without Pressing Challenge.

6 Dec 2019

The Supreme Court of India heard a batch of appeals arising from orders of the High Court of Orissa. The appellant, Odisha Forest Development Corporat...

Supreme Court

Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

7 Mar 2019

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

High Court

Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

12 Jul 2023

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

High Court

High Court of Karnataka Declares Rule 6(3)(d) of Karnataka Urban Development Authority Rules 1991 as Ultra Vires and Unconstitutional — Refund of Auction Deposit Ordered with Interest. Rule 6(3)(d) allowing forfeiture of deposit without proof of loss was held to be in conflict with Section 74 of the Indian Contract Act, 1872, and thus ultra vires the Constitution.

2 Jan 2013

The petitioners, Shri K Babjan and K Sulaiman, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging Rule 6(3)(d) o...

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