GEETA JEENA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition has been filed by the Petitioner challenging the forfeiture of the Earnest Money Deposit (hereinafter, "EMD"?) and the debarment for the current and four financial years, in terms of Clause 4.7 of the Notice Inviting Tender (hereinafter "NIT"?).

(3.) The Respondent No.3/DTIDC had invited bids for licensing of shops/sites/spaces at Maharana Pratap ISBT, Kashmere Gate, Delhi in March, 2020. The last date for submission of bids was 18th June, 2020. However, due to the Covid-19 pandemic and the consequent lockdown, the date was extended from time to time. The Petitioner had submitted her bid for Shop No.41, ISBT, Kashmere Gate, Delhi in December, 2020. She was declared a successful bidder and a letter of acceptance dated 2nd February, 2021 was issued by the department to her. The Petitioner could not make the payments in terms of the bid which was submitted by her. The ground for the said non-payment as has been stated in the writ petition, was the ill health of the Petitioner, in view of which she sought time for 24 days to complete the formalities. In view of the fact that the extension of time that was requested was not granted to the Petitioner, the letter dated 16th February, 2021 was issued against her, forfeiting the EMD, and debarring her from bidding for the present financial year and the next four financial years, in terms of Clause 4.7 of the NIT. The relevant extract of the said letter reads: