9911796707
TMI Blog2009 (3) TMI 905X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 wheel sets with shaft of Romanian origin weighing about 2398 MT. The goods were offered on as is where is basis and the successful bidders were required to pay the earnest money of 10 per cent of the bid value within seven days of the declaration of the result of the auction. The auction was open to bidders registered with the customs as access to the auction website was only by keying in the allotted user ID and password. The duration of the process of auction was to be notified on the website. 3. The first petitioner put in a bid, which according to the first petitioner was the highest. Upon the bid of the petitioner being accepted, 10% of the earnest money was deposited within the stipulated time, amounting to Rs. 68 Lac. Thereafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. According to Mr. Sen, the writ petition has been dismissed by the Learned Single Judge on wholly erroneous interpretation of the clauses of the General Conditions of Sale together with the correspondence between the parties. 8. On the other hand, Mr. Tilak Bose, learned Counsel appearing for the respondents, has submitted that a bare perusal of the relevant provisions of the Procedure and Sale Conditions would make it abundantly clear that the delivery of the goods would only be effected upon full amount of the bid money being paid. The entire bid money could, therefore, only be paid upon the confirmation of sale by the respondents. There was no doubt in the mind of the appellants that sale has been confirmed which, according to Mr. Bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We have perused the aforesaid provisions as also the letters. We are of the considered opinion that the reasoning of the Learned Single Judge in dismissing the writ petition cannot be said to be erroneous, as submitted by Mr. Sen. A perusal of the Procedure and Sale Condition would show that the registered bidders will be able to access the auction site by using the user ID and password. Thereafter, under the specific heading of 'Auction Process', it is clearly provided that in cases where only EMD is paid, delivery of the goods will be made only after the full amount is paid within the time limit specified in the Conditions of Sale. It is only upon the full amount being paid that a delivery order will be issued to the bidder to receive th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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