JABALPUR, India, Nov. 16 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 15:

1. Petitioner has filed the subject petition seeking quashing of acceptance letter dated 04.02.2013 and a direction to the respondents to refund the tender papers and the earnest money deposit of the petitioner.

2. Respondent had invited quotation for supply of 5 Lakhs D.W.Tarpaulin Jute Bags and 1 Lakh S.B.T. Gunny Bags.

3. Petitioner submitted his bid on 25.01.2013. The time for submission of the bids was by 03:00 pm on 28.01.2013 and the bids were to opened be at 3:30 pm on 28.01.2013. As per the tender documents, petitioner was requested to furnish an earnest money deposit of Rs.7 Lakhs and Rs.3 Lakhs respectively for the two categories of bags. As per the petitioner instead of mentioning the rate per hundred bags, petitioner mentioned the rates per bag. As per the petitioner on 28.01.2013, petitioner realizes his mistake and sent a fax on 03:10 pm and at 03:27 pm, withdrawing its bid and requesting the respondents not to open the tender.

4. Further, by communication dated 31.01.2013 petitioner once again informed the respondent that he had sought to withdraw his bid and withdrawal letter was faxed on 28.01.2013 prior to opening of the quotes however, it is contended that despite the submission of the withdrawal letter the bids were still opened.

5. By communication dated 04.02.2013, the petitioner was informed that their rates being lowest had been accepted and the petitioner was required to come forward to execute the agreement, failing which it was stated that the supply order would be liable to be cancelled and the earnest money deposit forfeited.

6. Petitioner responded to the letter dated 04.02.2013 and protested against the acceptance of the bid, thereafter subject petition has been filed.

7. The only contention of learned counsel for respondent is that the communication sent by the petitioner was just prior to the bid opening time i.e. at 03:30 pm and as such they were never communicated to the bid inviting authority and the bids were opened and since the petitioner's bid was the lowest, the same was accepted. He further submits that as per the tender document, the bids had to be kept valid for 90 days and the bid was accepted within 90 days and since the same was accepted and petitioner failed to come forward to execute the agreement or make the supply, the earnest money deposit has rightly been forfeited.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2013/WP/3594/WP_3594_2013_FinalOrder_15-10-2025_digi.pdf)

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