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TMI Blog2009 (3) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... sale has been confirmed. Thereafter, it is stated that the deliveries be made to the appellants after payment duly recording the pieces and the weight delivered. Having made such a request the appellants have sought to challenge the action of the respondents on the ground that there has been no confirmation of the auction. We are thus of the considered opinion that there is sufficient material on the record to justify the conclusion reached by the Learned Single Judge. Appeal dismissed. - G.A. No. 675 of 2009, APOT No. 86 of 2009 and W.P. No. 122 of 2009 - - - Dated:- 23-3-2009 - Surinder Singh Nijjar and Biswanath Somadder, JJ. Shri Bhaskar Sen, Sr. Advocate with Samit Talukdar, Sankar Chatterjee and D. Manna, Advocates, for the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st bid, the decision of the SELLER shall be final. Seller reserves the right to sell the lot to any bidder other than the highest bidder without assigning any reasons. 14. Subject to confirmation/subject to approval shall be decided on or before fifteen working days excluding the day of acution. 5. According to the learned Counsel, clause 14 clearly provides that confirmation and approval of the bid had to be decided on or before 15 working days excluding the day of auction. Thereafter under clause 17(f), the remainder amount of bid money was to be deposited within 45 days. Clause 17(f) of the General Conditions of Sale is set out as under : (f) Rs. 1 Crore and above - Within 45 days from the date of confirmation/approval. 6. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lot No. 1045 Goods : Wheel Sets Bid Offered : Rs. 6,75,00,000/- You are, therefore, required to pay the EMD (10% of the bid amount) within 7 days after declaration of the result and remaining amount within 45 days from the date of confirmation/approval. Failure to do so would make you liable to actions as per the conditions of the sale. 9. One Sankar Chatterjee, on behalf of the appellants responded to the aforesaid letter on 3-10-08 by stating as follows : Please note that I am in receipt of your acceptance letter dated 26-9-08 regarding confirmation of the above-mentioned lot of Wheel Sets. I have purchased the lot on behalf of M/s. Steel Union Pvt. Ltd. 40, Strand Road, Room No. 5, Ground Floor, Kolkata-700001. I request y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain reiterated that the appellants are successful bidder for the above lot. The sale has been confirmed. Thereafter, it is stated that the deliveries be made to the appellants after payment duly recording the pieces and the weight delivered. Having made such a request the appellants have sought to challenge the action of the respondents on the ground that there has been no confirmation of the auction. We are thus of the considered opinion that there is sufficient material on the record to justify the conclusion reached by the Learned Single Judge. 12. We see no reason to take a different view of the matter. In our opinion, the appellants are now trying to wriggle out of a completed contract upon realising that the prices of the steel purc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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