Supreme Court · 2003 INSC 434 · Decided 28 August 2003
National Highway Authority of India v. M/S. Ganga Enterprises and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 434 · [2003] SUPP. 3 S.C.R. 114
- Case number
- CIVIL APPEAL No. 4123/1999
- Decided
- 28 August 2003
- Bench
- S.N. VARIAVA, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution; Contract Act
Headnote
Contract: Tender-Forfeiture of bid security-Bidders required to furnish bid C security and performance security-Bid SPcurity to be forfeited if bidder withdrew his bid during period of bid validity-Respondent gave his bid/ offer and furnished bank guarantee for bid security-Later, when he came to encashed the bank guarantee-Writ petition by respondent for refund of amount allowed by High Court-Held, by D invoking the bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered-There is no term in the contract which is
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