BEDI HOSPITAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Through the instant writ petition, the petitioner seeks the quashing of the letter dtd. 27/1/2023 (Annexure P-13), wherebys after execution of the agreement to sell and the depositing of the entire sale consideration, the respondents concerned, have allegedly unilaterally cancelled the bid contract in respect of Nursing Home Site No. 4, Sector 33-C, Chandigarh. Furthermore, the petitioner also seeks the quashing of the letter dtd. 9/2/2023 (Annexure P-24), wherebys the agreement to sell dtd. 28/10/2022 has been cancelled by the respondents.

(2.) It is averred in the instant petition, that respondent No. 2 published a notice dtd. 31/8/2022 (Annexure P-1) for conducting an eauction of commercial and nursing home sites on freehold basis in Chandigarh. The general terms and conditions (Annexure P-2) of the eauction were uploaded on the e-auction website. Subsequently on 4/9/2022, respondent No. 2 issued a corrigendum wherebys, the last date for payment of Earnest Money Deposit (EMD, and, for submission of the documents, was extended upto 13/10/2022. As per the said corrigendum, the auction was scheduled to be held from 18/10/2022 till 20/10/2022. It is further averred in the instant petition, that as per e-auction notice, there were two nursing home sites, which became offered for sale on freehold basis i.e. Nursing Home Site Nos. 3 and 4, both located at Sector 33-C, Chandigarh, and having same measurement i.e. 744.44 sq. yds each, besides having same reserve price of Rs.6,91,75,598.00 each. The petitioner applied for participating in the e-auction of both the sites (supra) and on 20/9/2022, the petitioner deposited Rs.27,67,024.00 as advance EMD, being 2% of the reserve price of the said sites.

(3.) It is further averred, that e-auction of the above sites were started on 18/10/2022 and the same went on till 20/10/2022. The petitioner was the highest bidder for site No. 4 with a bid of Rs.12,58,75,598.00, which was duly accepted by the respondent concerned, and, the acknowledgment for Award of subject sites was issued in favour of the petitioner vide intimation letter dtd. 20/10/2022 and e-mail dtd. 21/10/2022. On 21/10/2022, the petitioner deposited the 25% of the bid amount i.e. Rs.3,05,16,488.00 with respondent No. 2. Since the petitioner had already deposited Rs.13,83,512.00 as advance EMD, therefore, the total amount deposited by the petitioner stood at Rs.3,19,00,000.00. Subsequently, on 28/10/2022, in compliance of sub-clause (1) of Clause VI of the general terms and conditions, respondent No. 2 executed an agreement to sell (Annexure P-9) with the petitioner. Though, as per Clause V of the general terms and conditions, the remaining 75% of the bid amount was to be deposited within a period of 90 days from the date of the auction, yet the petitioner deposited the balance amount i.e. Rs.9,39,75,598.00 on 16/11/2022, which was much in advance before the deadline for the deposit being made i.e. on 15/12/2022. Therefore, 100% of the bid amount i.e. Rs.12,58,75,598.00 stood deposited by the petitioner.