GOPI CHAND RAJANI Vs. INDORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the reversing judgment and decree dated 29.8.2011 passed by the District Judge, Indore in Civil Appeal No. 15/2010 dismissing the suit for declaration and permanent injunction. This order shall also govern the connected second appeals as all of them are based on common facts and involve same controversy. For the sake of convenience we have taken facts from the suit out of which above appeal arises.

(2.) THERE is no dispute about the following facts. The respondent issued an advertisement on 2.6.2006 inviting bids for allotment of 37 commercial plots in PU-4 of Scheme No. 54, Indore. As per advertisement, prospective bidder were required to deposit Rs. 1,00,000/- as earnest money and the successful bidder was required to deposit 25% of the bid amount minus the earnest money within thirty days' of the acceptance of the bid.

(3.) RESPONDENT Indore Development Authority contested the suit and contended that since plaintiff failed to pay the 25% of the amount within thirty days, therefore, his allotment stood cancelled automatically. Upon cancellation of allotment, there was no question of revival of the offer and in any case, the provision of renewal stands repealed therefore, plaintiff was not entitled to any relief.