Legal Question in Business Law in India

Sir,

I am working in purchase department of a government organisation. One of our tenderer has furnished an undertaking for exemption of EMD payment in a non judicial stamp paper of Rs80/=. In all the four sheets he or the vendor has written the tenderer's name as "Murugan contractor". But the agreement was executed in the name of Murugan Enterprises". Shall we accept the undertaking bond or to reject the same due to the change in name. please offer your remarks.


Asked on 9/19/15, 10:52 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

20.09.2015

Dear Sir / Madam,

In my opinion, a government tender requires each and every tenderer to pay Earnest Money Deposit (EMD) without any exceptions. I see no basis, reason & validity for a particular tenderer being exempt from paying the EMD by furnishing an undertaking for exemption. The tenderer is automatically disqualified.

Regards,

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Answered on 9/19/15, 10:01 pm


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