THE REGISTRAR Vs. HAMEED ENTERPRISES AND ORS.

JUDGEMENT

(1.) The instant intra-court appeal arises from the order dated 18.09.2014 passed in W.P.No.29701 of 2012.

(2.) The factual matrix leading to filing of the writ petition is that in response to e-auction notice No.MSTC/SRO/Indian Institute of Technology Madras/3/Adyar/11-12/4660[41323], the writ petitioner/first respondent herein offered its bid for purchase of scraps. The second respondent was appointed as selling agent on behalf of the appellant herein/first respondent therein. The precondition for participation in the e-auction was to deposit a sum of Rs.5,00,000/- as pre-bid Earnest Money Deposit (for short EMD ) by way of demand draft on or before 12.09.2011 as the bid was to be opened on 13.09.2011. The writ petitioner made an highest offer to the tune of Rs.1,24,22,002/- and also deposited the requisite EMD amount before the specified date. The bid offered by several other bidders ranges from Rs.1,24,000/- to Rs.22,55,848/-. The writ petitioner being the highest bidder was informed by email dated 13.09.2011 at 10.40 p.m., stating that his bid has been accepted provisionally subject to approval of the appellant for the bid amount of Rs.1,24,22,002/-. He was further requested to make security deposit of an amount of Rs.12,42,200/- by way of DD/PO in favour of the appellant within seven days from the date of close of the auction as per the terms and conditions of e-auction.

(3.) It appears, thereafter the writ petitioner, instead of writing to the selling agent, wrote to the Deputy Registrar of the appellant on 13.9.2011, informing that the first respondent / writ petitioner had wrongly quoted the figure as Rs.1,22,42,002/- instead of Rs.12,24,202/- and as such, a request was made to refund the EMD amount of Rs.5,00,000/-. An identical communication was sent to the selling agent, i.e., the second respondent, on 14.09.2011. Treating the aforestated letters as revocation of offer, the pre-bid EMD was encashed and sent to the appellant by the selling agent by communication dated 19.9.2011. It was confirmed subsequently by the electronic communication dated 22.09.2011.