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2009 (3) TMI 905 - HC - CustomsSale by bid - Held that:- It is only upon the full amount being paid that a delivery order will be issued to the bidder to receive the goods. Clearly understanding these terms and conditions, the appellants responded to the letter of the respondents dated 26-9-08 with the observations that they are in receipt of the acceptance letter dated 26-9-08 regarding confirmation of the above-mentioned lot of Wheel Sets. This letter is followed by the letter of Sankar Chatterjee dated 3-10-08 and another letter dated 6-10-08 in which it is again reiterated that the appellants are successful bidder for the above lot. The sale has been confirmed. Thereafter, it is stated that the deliveries be made to the appellants after payment duly recording the pieces and the weight delivered. Having made such a request the appellants have sought to challenge the action of the respondents on the ground that there has been no confirmation of the auction. We are thus of the considered opinion that there is sufficient material on the record to justify the conclusion reached by the Learned Single Judge. Appeal dismissed.
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