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2016 (10) TMI 122

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..... their approval to the sale - Held that:- In this case, the bid was dated 18th August, 2016. The validity of the same has expired on 18th September, 2016. The bid is, therefore, no longer valid on the option having been exercised in terms of this clause. These statements, made on instructions, are accepted as undertakings given to this court. - WRIT PETITION NO. 3013 OF 2014, NOTICE OF MOTION (L) .....

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..... learned Additional Solicitor General of India in para 7. Para 7 of the order dated 19th September, 2016 reads as under:- 7. After a brief hearing today, the learned Additional Solicitor General of India appeared on behalf of the applicant/Commissioner of Service Tax. On instructions from the authorised official who is present in Court, the learned Additional Solicitor General makes a statemen .....

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..... e Board, namely, the Board of Central Excise and Customs could be convinced or persuaded to give its nod and accept the bid, which has been placed by M/s. SGI Commex Limited. 3) Mr. Singh, therefore, requests that the motion be allowed or appropriate orders in accordance with law be passed thereon. 4) At a brief hearing held today, we posed questions and particularly to the bidder's coun .....

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..... he counsel, in terms of clause 7 of what is styled as special terms and conditions of the sale. Inviting our attention to this clause, it is urged that the validity of the bid was for a period of 30 days. Meaning thereby, 30 working days. In this case, the bid was dated 18th August, 2016. The validity of the same has expired on 18th September, 2016. The bid is, therefore, no longer valid on the op .....

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..... e clarify that it would be entirely for the bidder who has exercised the option, to enforce whatever rights and available to it in law insofar as the recovery of sums paid till date. It would be entirely for all parties, against whom the bidder would proceed, to defend such actions/proceedings or remedies if resorted to. We do not express any opinion on the rival contentions in that regard. - .....

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