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Supreme Court of India 2019-11-28 partly_allowed

ODISHA FOREST DEVELOPMENT CORPORATION LTD vs M/S ANUPAM TRADERS

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

Odisha Forest Development Corporation cancelled a tender buyer's agreement for non-payment of required security deposit and re-auctioned the Kendu leaves at a lower price. The buyer obtained a writ petition with interim orders requiring deposits to continue the tender process, then withdrew the petition. The High Court ordered unconditional refund of deposits. The Supreme Court partly allowed the appeals, holding that such deposits serve a purpose and must be retained to enable quantification of losses caused by litigation-induced delays. The Corporation must issue detailed notices, pass speaking orders showing loss calculations, and adjust deposits accordingly, while permitting the buyer to challenge the order before appropriate forums.",

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Civil Procedure Interim Orders Contract Law Tender and Auction Securities and Deposits Writ Petitions Recovery of Loss

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