VidhiSangh

Supreme Court of India · 19/09/2019

SANKALP RECREATION PRIVATE LIMITED versus UNION OF INDIA & ORS.

[2019] 12 S.C.R. 661 · 2019 INSC 1060

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Summary

A bidder challenged cancellation of an unconfirmed government-property auction and a subsequent sale process. The Court found a rational public-interest reason in the contemporaneous record: the bidder’s auction offer was below its own earlier offer, and fresh reserve prices rested on independent valuations. It upheld the process and bound the later successful bidder to its enhanced offer, subject to the specified interest adjustment.

Issues

  1. Whether cancellation and re-auction were arbitrary despite the first bidder exceeding the reserve price.
  2. Whether absence of reasons in the cancellation letter invalidated the decision on this record.

Held

Result

The appeal was dismissed. The successful later bidder was held to its Rs.35 crore offer, payable to the Union treasury within twelve weeks with the directed adjustment for interest at nine per cent on Rs.7.78 crore held by the Union, calculated from deposit until the judgment date.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 661.