(Querist) 15 February 2009
This query is : Resolved
As the rates quoted by me were the lowest,the Tender was awarded to me. A formal letter was sent to me on 30.2.95 to informing that my tender has been accepted and that i have to required to deposit a bank guarantee for Rs, 10,00000/- within 45 days from date of letter. This letter failed to reach me, company meanwhile after waiting the prescribed 45 days deided to start legal proceedings and filed a suit of breach of contract. What should i do? Is the company has a power to do so aginst me ? Which section is in my favour which against?
(Expert) 15 February 2009
As you have no intimation of acceptance of contract, you cannot fulfill the requirement of contract. The company is not justified in initiating the breach of contract proceeding.
(Expert) 16 February 2009
Immediately send a notice saying that you have not received the notice asking you to deposit bank guarantee. You also inform that this fact came to your notice after they filed the suit.
If you are interested to have the contract on the basis of the tender, say so in your notice. Really if you are interested to do business with that party, go through the tender conditions and these conditions give scope to ascertain your right as the lowest bidder.
(Expert) 17 February 2009
well...Mr. RAjesh has a valid point..
(Expert) 23 February 2009
1. The company can not initiate legal proceedings because there is no valid contract. 2. For a valid contract the acceptance must be given. in your case you are not performed i.e. not deposited the said amt within specified time, so not accepted. 3. For any offer in contract the acceptence is also prime concern. in your case, due to postal delay, non-deposit of said amt will not attract the breach of contract. so u don't worry.be happy and approch a suitable advocate.