Kalyan Toll Infrastructure Ltd. v. Muncipal Corporation Greater Mumbai
Tender – non-responsive bid – forfeiture of earnest money deposit
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction; Writ Petition No. 4032 of 2024; neutral citation 2025:BHC-OS:4711-DB; decided 24 March 2025; Coram: Alok Aradhe, CJ and M. S. Karnik, J (order Per Chief Justice). Kalyan Toll Infrastructure Ltd. v. Municipal Corporation of Greater Mumbai. MCGM tender for construction of tenements; bid non-responsive for non-compliance with Clause 1.1 and Clause 1.1.1 of bid document; forfeiture of 10% earnest money deposit without opportunity of hearing; grievance confined to refund of 10% EMD; curable defects; direction to Director (ES & P) to grant hearing and pass speaking order within six weeks; writ petition disposed of; no order as to costs. No statutes or precedent cases cited in the judgment.
What did the court decide?
Director (ES & P), MCGM directed to afford the Petitioner an opportunity of hearing and pass a speaking order, the exercise to be completed within six weeks; writ petition disposed of; no order as to costs.