Excelsior Correspondent
JAMMU, Dec 31: A Division Bench of the High Court of J&K and Ladakh has held that a successful bidder in an e-auction cannot later raise issues about the quality/composition of the purchased material to justify delay in lifting the stock, observing that a buyer “can’t backtrack after bid.”
The Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal dismissed LPA No. 60/2022 and LPA No. 61/2022, filed by M/s Jai Ganesh Disposals, Jammu, challenging the Writ Court’s common judgment dated 13.04.2022.
The appeals arose from disputes relating to the purchase of Coal Mill Reject (CMR) through an e-auction involving NTPC Badarpur Thermal Power Station and MSTC Ltd. The appellant claimed that after purchase, the material was found mixed with pebbles/stones and complained of receiving objections from its own purchasers, alleging that the composition was not disclosed.
However, the Division Bench noted it was an admitted position that the appellant participated in the e-auction process and failed to lift the material within the stipulated timeframe despite several extensions.
The court underscored that in an open and transparent bidding process, a prudent buyer would inspect before bidding, and once the bid is made and the product purchased, the bidder is precluded from raising product-quality claims as a defence for failure/delay in lifting.
The Bench also rejected the appellant’s plea seeking “rehabilitation” by provision of alternative land, holding that the appellant had no standing to claim such benefit, particularly when the respondents’ rehabilitation policy was stated to be meant for project-affected persons.
Finding no ground to interfere with the Writ Court’s view, the DB held the appeals lacked merit and dismissed them.
The appellant was represented by Senior Advocate Surinder Kour with Manpreet Kour, Advocate, while the respondents were represented by CGSC Dheeraj Nanda and CGSC Harshwardhan Gupta.
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