Snehal Upadhyay-
The High Court of Delhi has allowed a retail liquor vendor to participate in the tender process and return of the earnest money deposit made by him, as he was not satisfied with the retail price which was fixed by the Excise Commissioner.
The division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was hearing a plea against the Delhi government’s terms and conditions concerning the New Excise Policy for 2021-22.
The Bench observed, “It is stated by Dr Singhvi and Rahul Mehra, Senior Counsels for the respondent, on instructions, that so far as the petitioner is concerned, in case the petitioner is not satisfied with the fixation of MRP by the Commissioner and wishes to withdraw from the tendering process within three days of MRP being fixed, the respondents shall refund the entire earnest money deposit made by the petitioner in respect of bid.”
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The senior Counsels Rajiv Nayar and Sandeep Sethi represented the petitioners’ side whereas Senior Counsels Abhishek Manu Singhvi and Rahul Mehra represented the Government of Delhi.
The petitioner’s counsel notified the Court that the Delhi Government has failed in furnishing the criteria for the maximum retailing price which by the terms and conditions is fixed by the Excise Commissioner.
The Delhi Government contended that as per the tender conditions, after the completion of the tendering process, a time of two weeks will be given to the licensees to submit their inputs concerning the retail price.
However, the Bench was not satisfied with the submissions made and hence termed it to be as an ‘arbitrary’ exercise, on the ground that a businessman will not enter into such a huge commitment, without exactly knowing where he would land.
The case would be further heard on August 27.
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