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2019 (11) TMI 1382 - BOMBAY HIGH COURTLegality and propriety of the auction - challenge mainly on the grounds that the auction conditions were changed in the midst of the auction process, proper procedure was not adhered to, upset price fixed was highly inadequate, a fraud was committed in conduct of auction and there was collusion between the auction purchaser and auctioning authorities - HELD THAT:- There is nothing to demonstrate that the property in question could have fetched ₹ 25 corers as claimed by the petitioners. Furthermore, the petitioners in the said writ petition neither raised objection to the Upset price on publication of auction notice, nor they brought any buyer before this Court, who is ready to pay ₹ 25 corers - In absence of any material to establish alleged inadequacy of upset price fixed, we have arrived at a conclusion that no illegality is committed by the Commissioner in fixing and granting approval to the upset price to the tune of ₹ 10,64,17,000/-, of the property in question. We, therefore, reject the challenge made to the upset price of the property in question. Whether to reopen the concluded auction proceeding for the reason higher offer is made by one of the petitioners, in respect of sale of property in question? - HELD THAT:- In view of the fact that except allegation of fraud and collusion, no evidence in that regard brought on record by any of the petitioners, we are of the considered view that this is not a fit case to reopen the auction proceeding only because slightly higher offer is made by one of the petitioners than the auctioned price. Change of condition relating to negotiation - HELD THAT:- It is clear from the facts that the objection was raised to the said condition. Accordingly the said condition was modified in view of Circular of the Central Vigilance Commission, dated 25.10.2005 which envisages that "there should not be any negotiations. Negotiation if at all shall be an exception and only in the case of proprietary items or in case of items with limited source or supply. Negotiations shall be held with L-1 only. Counter offers tantamount to negotiations and should be treated at par with negotiations". Hence, there are no illegality in modification of condition of negotiation to the effect that to hold negotiation only with the highest bidder instead of with all the bidders. It is now well settled law that the conditions of tenders cannot be challenged once participated. The petitioners are miserably failed to establish and substantiate any of the points raised before this Court. This Court has, therefore, reached to the conclusion that no illegality has been committed by respondent authorities in the auction process assailed by way of present writ petitions, as such, the writ petitions are deserved to be dismissed - Petition dismissed.
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