No binding contract exists during tender participation; the process can be canceled before the issuance of an acceptance letter: J&K High Court

Case: Ghulam Qadir Bhat and another V/s U.T of J&K and others

Coram: Justice Sindhu Sharma

Case No.: WP(C) No. 2108/2022

Court Observation: “..tender is only an invitation to offer and the other party makes an offer pursuant to the invitation to offer, as such, it is not obligatory to the authority issuing tender to accept the offer and no right is created on the basis of merely being L-1. Thus, the respondents were well within their right to cancel the tender before the acceptance was made. A right would only be arisen when a contract comes into existence”

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Keywords

No binding contract exists during tender participation