VidhiSangh

Supreme Court of India · 25/10/2017

SURESH KUMAR WADHWA versus STATE OF M.P. & ORS.

[2017] 14 S.C.R. 1 · 2017 INSC 1052

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Summary

A successful bidder withdrew after the State’s acceptance letter introduced previously undisclosed lease-rent conditions. The Court held that he could reject those unilateral additions and recover his security. The auction notice also contained no forfeiture power. It ordered refund ofRs3lakh with9per cent interest from1February1996 and costs.

Issues

  1. Whether the State could forfeit security absent an auction term conferring that power.
  2. Whether the bidder breached the auction conditions by refusing new lease terms and stopping cheque payment.

Provisions considered

Held

Result

Appeal allowed with costs; judgments below set aside and forfeiture declared illegal. Refund ofRs3lakh ordered with9per cent annual interest from1February1996 until realisation; appeal costsRs10,000.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 1.