ASSISTANT DIRECTOR SUPPLY AND TRANSPORT vs Haji GHULAM MUSTAFA (deceased) Ss

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ASSISTANT DIRECTOR SUPPLY AND TRANSPORT VS Haji GHULAM MUSTAFA (deceased) Ss. 7 & 10---Suit for declaration---Petitioners/public officials invited bids---Predecessor of the respondents/plaintiffs was accepted being the lowest bidder---Respondent submitted application before petitioners for revocation of the offer claiming that he had regretted on his loss and unworkable rates; that he had made the same bid under mental/physical stress, due to high bold pressure etc.; that petitioners refused to accept the said application despite the fact that the respondents refused to accept the letter of acceptance of the bid and had not signed the contract with the petitioners---Suit was concurrently decreed by the Courts below---Petitioner contended that soon after the respondent offered the lowest bid for the proposed supplies the same was accepted by the petitioner and dispatched the acceptance notices through registered mail; that after dispatch of the said notice, the respondent was under contractual liabilities and submission of application by the respondent was a futile exercise---Validity---Respondent had not signed the contract with the petitioners and in absence of any contract the contractual liabilities never occurred---No document of contract was available on the case file which was agreed/signed between the parties---Acceptance of offer was not complete---Notice did not constitute an absolute acceptance as required under S.7 of Contract Act, 1872---Contract had to be signed by the parties,, but before that the respondent revoked his offer by filing an application to the petitioner with the plea to exculpate the respondent from the contractual obligations and even forfeiting his earnest money---Revision petition was dismissed accordingly.

ASSISTANT DIRECTOR SUPPLY AND TRANSPORT vs Haji GHULAM MUSTAFA (deceased) Ss — 2022 YLR 1323 Gilgit-Baltistan Chief Court

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