Auction for Sale of specified Plant & Machinery (Except ... Document.pdf · (II)CS2 PLANT -20MT/D...

E Auction No: 1/GUJHC/2017

E-Auction for Sale of specified

Plant & Machinery (Except Land & Building)

of Baroda Rayon Corporation Ltd., Surat by

The Sale Committee, High Court Of Gujarat at Sola, Ahmedabad

Sale Committee

HIGH COURT OF GUJARAT

Sola, Ahmedabad-380 060

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Name of Work: e Auction no: 1/GUJHC

E-Auction for Sale of specified Plant & Machinery (except land & Building) of Baroda Rayon

Corporation Ltd., Surat by the Sale Committee, High Court of Gujarat at Sola, Ahmedabad

INDEX

Sr. No. Title & Description Page Nos.

1. Public notice 3 to 7

2. E- Auction bidding terms & conditions 8 to 10

3. Instructions to the bidders 11

4. Instruction to Bidders for Online Auction 12 to 13

5. General Terms & Conditions 14 to 16

6. Special Terms & Conditions 17 to 18

7. Annexures – I, II, III, IV 19 to 23

8. Disclaimer 24

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

PUBLIC NOTICE FOR E-AUCTION FOR SALE OF SPECIFIED PLANT &

MACHINERY (EXCEPT LAND & BUILDING) OF BARODA RAYON CORPORATION

LTD., SURAT.

The Hon'ble High Court of Gujarat by Order, dated 23/02/2016, passed in Civil

Application No.11603 of 2015 in Letters Patent Appeal No.948 of 2015 issued directions to

place the Plant and Machinery (except land & building) of Baroda Rayon Corporation Limited,

Udhna, Surat, Gujarat for sale through Public Auction on “As is where is” basis, and for that

purpose a Sale Committee under the Chairmanship of the undersigned is ordered to be

constituted.

Pursuant to said direction, Offers are invited by electronic mode through website

https://e-auction.nprocure.com/ for sale of the Plant & Machinery of Baroda Rayon

Corporation Limited, situated at Fatehnagar, Udhna, Surat, strictly on “As is where is” basis as

per details given below :-

SCHEDULE OF PLANT & MACHINERY (EXCEPT LAND & BUILDING)

FULL DESCRIPTION OF THE PLANT & MACHINERY (EXCEPT

LAND & BUILDING)

Upset

Price

(Rs.)

EMD

(Rs.)

(I) NYLON TYRE CORD PLANT – 22MT/D - A.Polymerisation &

Chip Treatment with other equipment & accessories. - Melter (2 units),

VK Tube (2 units), Washing Tower (2 units) & Drying Tower (2 units). B.

Spinning & Draw Twisting with other equipment & accessories – Silo-

Spinning (3 units), Extruders (8 Units), Take up Machine (3 units) & Draw

Twisters (8 units). C. Textile – Ply Twisters (29 units), Cable Twisters (17

units) & Looms (18 units). D.Utility Equipment with other equipment &

accessories – Centrifugal Water Chilling m/c (3 units), Reciprocating

Brine Chilling Unit (3 units), Reciprocating Water Chilling Unit (2 units),

Air Compressor (4 units), N2 Plant (1 unit) & 3.3 KVA Electrical sub-

station including 7 nos. Transformers and Electrical accessories (1 set).

(II)CS2 PLANT-20MT/D – Furance-Electronics-10 TPD each

Mitsubishi,Japan (2 units), CS2 storage Tank Sr.No.1 to 11 having capacity

of 600MT (11 units) Other Equipments: Sulphur Separator, Sealing

Column, Por. Cooler, Spray Cooler, Cooler, NA2S System with pump and

motor, Strong Caustic storage Tank, Na2S storage Tank, Oil pump with

pipes, Na2S Tower, Fil Heater, Na2S circulation Tank, Cs2 storage Tank

A,B,C,S; Booster pump with pipe fitting giving water to plant, Production

Pump, Air compressor with pipe line connected to all points, Melters with

coil having 30 mt.Melting capacity, Receiving Melters with coil having 6

mt., Sulphur Godown having capacity of 200 MT covered with roof,

Charcoal Godown having capacity of 150 MT covered with roof, Crane 1

MT, RA Unit 60 TR Voltas make with pumps in sulphur, Cooling Tower 90

TR, Transformer for furnace refining with 12 MT, Pumps with mechanical

seals, Sand Filter & Filter Tank & Plant Building (except construction).

(III)A POY PLANT-46.50 MT/D – Dryer (3 units), Spinning Machine

(7 units) Other Equipments & Accessories : Extruders, Inventor, CPF,

Spinning Beams, Manifold with Static mixture, Annealing Heaters, Bottom

Heaters, Polymer M.P., Spin Packs, Spinning Positions, Oil M.P., Take Up

Winders, Utility Equipment & Pack Room Equipment.

(III)B WATER TREATMENT PLANT (Part of Rayon): Clarifier unit

with agitator, motor gear box, Sludge pump and motor quantity – 1, Raw

water pump with motor(two) – 2, Hydrant pump with motor Qty – 1, Sand

filler Bed Qty – 2, Filter with Basic Qty – 6, Filter water pump(Rayon)

with motor, Backwash pump with motor(one), Nylon filter pump with

motor Qty – 3, Drinking water pump for Colony Qty – 2, Process pump

with motor for D/A motor qty – 3, Degrafied blower with packed tower

75

crores

3.5

crores

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and outdoor qty – 1, H-Column, Qty – 3, Mixer for acid registration

(IV) PART OF RAYON PLANT & POWER PLANT – 10MW – A.

Stocker Fired Boilers : Boiler 40 TPH Mitubishi, Japan (2 units) & Steam

Turbine Generating Sets 5 MW (2 units), Other Equipments &

Accessories: Crusher House, Belt Conveyor, Air Compressor, ID/FD/Fan,

CW Pumps, Feed pumps, Frequency chargers set (2 units), Battery with

Battery charger, Air Extractor, Air Dryer, Cooling Tower, Condenser with

Condensate pumps & Diesel Generating Set and Plant Building, B. Boiler

AFBC Type, BHEL, 50TPH (1 Unit) , Other Equipments: Crusher

House, Belt Conveyor, Air Compressor, ID/FD/PA Fan, Feed pump, Coal

Feeder, Air Dryer, ESP with accessories, Battery with Battery charger &

Plant Building(except construction).

DETAILS OF AUCTION

Date and time of e-auction

18.02.2017 between 3.00 p.m. To 5.00 p.m.,

with auto extension of five minutes each

(maximum of 12, auto extension will last only

one hour till 6 pm only) till sale is completed.

EMD Remittance

Deposit through Banker's Cheque/Demand

Draft drawn on any Nationalised Bank payable

at Ahmedabad only, in favour of “Registrar,

High Court of Gujarat, Ahmedabad”, PLA

A/c.No.10133765851 with State Bank of

India, Gujarat High Court Complex Branch,

Sola, Ahmedabad. Branch Code : 04130,

IFSC Code : SBIN0004130

Bid Multiplier Rs. 10.00 lac

Inspection of Plants & Machinery (except

land & building) of Baroda Rayon

Corporation Limited, Udhna, Surat

24.01.2017 till 06.02.2017 between 10.00 a.m.

To 5.00 p.m.

E- Auction Document Fee(Non-refundable)

Rs.1000/- through Banker's Cheque/Demand

Draft drawn on any Nationalised Bank payable

at Ahmedabad only, in favour of “Registrar,

High Court of Gujarat, Ahmedabad”, PLA

A/c.No.10133765851 with State Bank of

India, Gujarat High Court Complex Branch,

Sola, Ahmedabad. Branch Code : 04130,

IFSC Code : SBIN0004130

Availability of E- Auction Document https://e-auction.nprocure.com/

www.gujrathighcourt.nic.in

Submission of online application for

prequalification bid starts from 20.01.2017 from 10.00 a.m. Onwards

Last date for submission of online

application for prequalification BID with

EMD details

14.02.2017 by 4.00 p.m.

Last date for submission of E-Auction

document fee, EMD, Declaration by bidder,

Details of Bidder (as mentioned in

Annexures of Auction document) for

Prequalification stage during office hours in

person or by RPAD/Speed post to Registrar

(Vigilance)/ Chairman Sale Committee at

High Court of Gujarat, Sola, Ahmedabad.

The above documents should also be

scanned and emailed to

[email protected] before the

due date

14.02.2017 by 4.00 p.m.

Note: The documents submitted after due

date will be not considered for scrutiny and

will be outrightly rejected.

mailto:[email protected]

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Terms and Conditions of e-auction

1 The Plant & Machinery(except land & building) will be sold by e-auction through the High

Court's approved service provider M/s.(n)Code Solutions (A Division of GNFC Ltd.),

403, 4th Floor, GNFC InfoTower, Bodakdev, Ahmedabad – 380054, Gujarat, India,. Sales:

(079)40007323, Toll Free: 18004194632, on “As is where is” basis, under the supervision

of the Chairman, Sale Committee appointed by the Hon'ble Court. The sale of plant &

machinery(except land & building) shall be confirmed by Hon’ble High Court.

2 Auction sale/bidding would be only through “Online Electronic Bidding” process through

the website https://e-auction.nprocure.com/. E-auction document contains public notice,

declaration by bidders, details of bidders, general & special terms and conditions of online

auction sale which are available in website https://e-auction.nprocure.com/, and

www.gujrathighcourt.nic.in. Bids submitted otherwise shall not be eligible for

consideration.

3 The intending bidders shall hold a valid e-mail ID (address) and register their names at

portal https://e-auction.nprocure.com by entering the required information alongwith the

proof of EMD before the last date fixed for registration and get their User ID and password

free of cost from M/s.(n)Code Solutions (A Division of GNFC Ltd.), whereupon they

would be allowed to participate in online e-auction. For details and online training for e-

auction, if required, please contact M/s.(n)Code Solutions (A Division of GNFC Ltd.). The

training shall be given to the Bidders who have complied with all the terms and conditions

of Auction for participating in the e-bidding, by service provider.

4 The Earnest Money Deposit (EMD) shall be deposited through Banker's Cheque/Demand

Draft drawn on any Natonalised Bank payable at Ahmedabad only, in favour of

“Registrar, High Court of Gujarat, Ahmedabad”, PLA A/c.No.10133765851 with

State Bank of India, Gujarat High Court Complex Branch, Sola, Ahmedabad. Branch

Code : 04130, IFSC Code : SBIN0004130.

5 Bid Form without EMD shall be rejected summarily. EMD amount shall be adjusted in

case of the highest/successful bidder, otherwise refunded within 15(fifteen) working days

of finalization of sale by the High Court to the unsuccessful bidders by A/c payee cheque.

The EMD shall not carry any interest.

6 The particulars in respect of the Plant & Machinery specified in the sale notice have been

given by the Sale Committee as per details furnished by Baroda Rayon Corporation Ltd.,

and Service Provider shall not be responsible for any error, mis-statement or omission in

the said particulars. The bidders are therefore requested in their own interest, to satisfy

themselves with regard to the above and other relevant details/material information

pertaining to the aforesaid Plant & Machinery before submitting the bids.

7 The interested parties can inspect the properties at site on 24.01.2017 till 06.02.2017

between 10.00 a.m. To 5.00 p.m. In case of inconvenience caused for inspection, the

interested parties should contact the Sale Committee, the High Court as per the mentioned

address.

8 The bidder has an opportunity to enhance/improve/increase his bid with a minimum bid

increment. The slab/minimum bid increment amount is Rs.10 (ten) lac and in multiple of

Rs.10 (ten) lac as has been fixed by the High Court/Sale Committee. The Hon'ble High

Court/Committee shall have full liberty to revise the slab so fixed at any time before close

of the auction/bidding process. No bidder shall be entitled to raise any objection as

regards the slab so fixed by the Hon'ble High Court/Sale Committee.

9 The highest bidder shall be declared to be the successful bidder / purchaser of the

properties mentioned herein provided always he is legally qualified to bid. The successful

bidder will be informed about the acceptance in writing/by email by the Sale Committee.

The highest / successful bidder shall deposit 25% of the amount of bid/purchase money,

adjusting the EMD already paid, immediately on the sale being confirmed by the High

Court in his/her favour but not later than 3.30 p.m., within ten working days. The

balance 75% of the sale price shall be paid by the buyer on or before 30th day (during

banking hours) from the date of confirmation of auction sale as per Order or directions of

the Hon'ble Court or such extended period as may be agreed upon in writing by and

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solely at the discretion of the Hon'ble Court.

10 In case of default of payment or failure to remit the balance amount of purchase price

within the stipulated time, will result in forfeiture of deposit of 25% of the tender price

and forfeiture of all claims over the property and the property shall forthwith be sold

again by the High Court. However the Sale Committee reserves the right to offer the

property to second highest bidder in the line subject to approval/direction of the Hon’ble

High Court.

11 The Sale Certificate will be issued in the name of the purchaser only, after full payment of

the entire sale price amount, as per Order or directions of the Hon'ble Court.

12 The purchaser shall bear all government and local charges / fees payable if any as

applicable as per law.

13 The High Court/Sale Committee has the absolute right to accept or reject the bid or

postpone or cancel the sale, as the case may be without assigning any reason.

14 The Plant & Machinery is being sold on “As is where is” basis. The purchaser should

make his own enquiries regarding any liabilities by himself before participating in the e-

auction and the same shall be borne by the purchaser.

15 The auction is a No Tie Auction.

16 In addition to the sale consideration, it shall be the responsibility of the highest bidder to

pay applicable Government charges and taxes if any for the time being in force.

17 The High Court/Sale Committee shall not be responsible in any way for any third party

claims/rights/dues or existing and future encumbrances, liens, claims, charges and interest

of whatsoever nature whether known or unknown to the High Court/Sale Committee.

18 Where the Plant & Machinery is not sold or the sale is not confirmed in favour of any

bidder, for any reasons, such bidder shall be entitled to receive back the entire amount

paid by the bidder towards sale consideration without any interest. However, the bidders

shall not be entitled to claim any compensation or damages on any ground whatsoever.

19 Special Instruction/Caution: Bidding in the last minutes/seconds should be avoided by

the bidders in their own interest. Neither the High Court/Sale Committee nor the Service

Provider will be responsible for any lapses / failure (Internet failure, Power failure, etc.),

in such cases. In order to ward-off such contingent situation, bidders are requested to

make all the necessary arrangements / alternatives such as back-up power supply and

whatever else required so that they are able to circumvent such situation and are able to

participate in the e-auction successfully.

20 The Hon'ble High Court/Sale Committee shall be at liberty to amend/modify/delete any

of the terms and conditions at its sole discretion as may be deemed necessary or

warranted in the light of the facts and circumstances of the case without giving any

further notice to the bidders/purchaser and the bidders/purchaser shall be deemed to have

accepted such revised terms and shall accordingly be bound by them.

21 The Hon'ble High Court/Sale Committee shall have the right to cancel / postpone / defer /

annul the auction sale, whether before or after the scheduled date of auction, without

assigning any reasons and without prior intimation / notice to the bidders.

22 The bidder, in his own interest, is advised to change the password immediately upon

receipt from the service provider as he will be solely responsible for any bid submitted

from his user ID.

23 All bids placed as per this bid document and through e-auction are legally valid bids and

would be considered as the bids from the bidder himself/herself. Once the e-bid is placed,

the bidder cannot reduce or withdraw the bid for whatever reason. If done so, Hon'ble

High Court / Sale Committee will forfeit the Earnest Money Deposit.

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For further details regarding inspection of Plant & Machinery / e-auction, the interested bidders

may contact the Mr. H.D.Suthar, Registrar (Vigilance) & Chairman Sale Committee, Chamber

no 42, First floor, Judges Facility Wing, High Court of Gujarat S.G.Highway, Ahmedabad – 380

060, Phone: 079-27664625, [email protected].

For purpose of inspecting the properties from 24.01.2017 till 06.02.2017 between 10.00 a.m. to

5.00 p.m., bidders may contact the following persons:

1. Mr. Hemant Desai Liaison Officer (Baroda Rayon Corporation) +91 – 9825117838,

2. Mr. J.K. Jakhotiya, General Manager(Commercial), (Baroda Rayon Corporation)

+91 – 7819824493

3. Mr.Subhash T. Chaudhari, General Secretary (Baroda Rayon Employees Ekta Union) -

+91-9427637560, +91-9904773738

Place: Ahmedabad Sd

Date: January 20th, 2017 (H.D.Suthar)

Registrar (Vigilance) & Chairman, Sale Committee

Appointed by Hon'ble High Court.


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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

E-AUCTION BIDDING TERMS & CONDITIONS

Whereas the High Court of Gujarat acting through its Sale Committee, has decided to sell

through e-auction the Plant & Machinery (except land & building) of Baroda Rayon Corporation

Ltd., situated at Udhna, Surat, as mentioned in PUBLIC NOTICE. The sale shall be subject to

the conditions prescribed in Public Notice and to the following further conditions:

Auctioneer Name High Court of Gujarat, at Sola, S.G.Highway, Ahmedabad - 380

060, through the Sale Committee appointed by the Hon'ble

Court, under the Chairmanship of Mr.H.D.Suthar, Registrar

(Vigilance).

Auction to be conducted by M/s.(n)Code Solutions (A Division of GNFC Ltd.), 403, 4th

Floor, GNFC InfoTower, Bodakdev, Ahmedabad – 380054,

Gujarat, India,. Sales: (079)40007323, Toll Free: 18004194632

Auction Schedule Date of Auction : As per Public Notice/E-Auction document

Timings : As per Public Notice/E-Auction document

Auction website: https://e-auction.nprocure.com.

Annexures 1) Details of Bidder (Annexure-I)

INSTRUCTION: This document is required to be duly filled

in and signed by the bidder and thereafter uploaded in the

website https://e-auction.nprocure.com during the time of

submission of the bid.

2) Declaration of Bidder (Annexure-II)


in and signed by the bidder and thereafter uploaded in the

website https://e-auction.nprocure.com during the time of

submission of the bid.

3) Details of the registration process with the service provider

(Annexure – III)

4) Price confirmation Letter by H1 Bidder (Annexure-IV)


in and signed by the H1 bidder and thereafter e-mail scanned

letter to the Chairman, Sale Committee, High Court of Gujarat,

Ahmedabad ([email protected]) immediately on

completion of the bidding.

Special Instruction Bidding in the last minutes and seconds should be avoided in

the bidders own interest. Neither the Service Provider nor the

High Court will be responsible for any lapses / failure on the

part of the bidder, in such cases.

Terms and Conditions for Bidding

1 Computerised e-Auction shall be conducted by service provider M/s.(n)Code Solutions

(A Division of GNFC Ltd.), on behalf of the High Court of Gujarat, on pre-specified

date, while the bidders shall be quoting from their own place of their choice. Internet

connectivity and other paraphernalia requirements shall have to be ensured by bidders

themselves. Please note that failure of internet connectivity (due to any reason

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whatsoever it may be) shall be sole responsibility of bidders and neither the High Court

nor service provider shall be responsible for these unforeseen circumstances. In order to

ward-off such contingent situation, bidders are requested to make all the necessary

arrangement/alternatives whatever required so that they are able to circumvent such

situation and still be able to participate in the e-Auction successfully. However, the

Bidders are requested not to wait till the last moment to quote their bids to avoid any

such complex situations.

2 M/s.(n)Code Solutions (A Division of GNFC Ltd.) shall arrange to train the bidder(s)

without any cost. M/s.(n)Code Solutions shall acquaint bidder regarding the bidding

process, functions and e-Auction rules. All the bidders required to ensure that

compliance regarding receipt of training before start of bid process.

3 Material for Bid: Sale of Plant & Machinery(except land) as specified in the Public

Notice by the Sale Committee appointed by the High Court.

4 Type of auction: e-Auction.

5 Bidding currency & Unit of Measurement: Bidding will be conducted in Indian

Rupees (INR) only.

6 Starting (Opening) Price/Bid increment: The opening price of the auction and the bid

increment value shall be available to the bidders on their bidding screen.

7 Bid price: The bidder has to quote the total price.

8 For other Terms and Conditions, please see the e-auction notice.

I Online e-Auction

* The Sale Committee of the High Court has declared its Upset price/Opening

Price which shall be visible to the all bidders during the start of the e-Auction.

Please note that the start price in online e-Auction is open to all the

participating bidders. Any bidder can start bidding, in the online e-Auction,

from the start price itself. Hence, the first online bid that comes in the system

during the online e-Auction price shall be higher than the auction's start price

by one increment, or higher than the auction’s start price by multiples of

increment. The second online bid and onwards will have to be higher than the

H1 rate by one increment value, or higher than the H1 rate by multiples of the

increment value.

* The “Bid Increase Amount” has been fixed in respect of all plants &

machinery (except land & building) which the bidder can view on their

bidding screen and the bidders will have to increase the bid amount in the

multiple of “Bid Increase Amount”.

* If a bidder places a bid in the last 5 minutes of closing of the e-Auction and if

that bid gets accepted, then the auction's duration shall automatically get

extended for five minutes (refer public notice for details), from the time that

bid comes in. Please note that the auto-extension shall be for maximum 12

times only as given under the public notice) and will take place only if a valid

bid comes in last 5 minutes of closing. If valid bid is not received, the auto-

extension will not takes place even if that bid might have come in the last 5

minutes. In case, there is no bid in the last 5 minutes of closing of e-Auction,

the auction shall get closed automatically without any extension.

However, bidders are advised not to wait till the last minute or last few

seconds to enter their bid during the auto extension period to avoid

complications related with internet connectivity, network problems, system

crash down, power failure, etc.

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9 Successful Bidder shall be required to submit the final prices, quoted during the e-

auction as per Annexure-IV after the completion of Auction, duly signed and stamped as

token of acceptance without any new conditions other than those already agreed to

before start of auction.

During e-Auction, if no bid is received within the specified time, the Sale Committee of

the High Court at its discretion may decide to revise Opening Price / scrap the e-Auction

process / proceed with conventional mode of tendering with approval/direction of the

Hon’ble High Court.

10 The bid once submitted by you, cannot be cancelled/withdrawn and the bidder shall be

bound to buy the property at the final bid price. The failure on part of bidder to

comply with any of the terms and conditions of the e-Auction notice and Auction

document will result in forfeiture of the amount paid by the defaulting bidder.

11 The bidders will be able to view the following on their screen along with the necessary

fields in the e-Auction:

a. Leading Bid in the Auction (H1 - Highest Rate)

b. Bid placed by Bidder

c. Opening price & Minimum Increment Value

d. The bid rank of bidder in the auction.

12 The decision of the Sale Committee regarding declaration of successful bidder shall be

final and binding on all the bidders.

13 The Sale Committee shall be at liberty to cancel the e-Auction process / tender at any

time before declaring the successful bidder, without assigning any reason.

14 The Sale Committee of the High Court / M/s.(n)Code Solutions shall not have any

liability towards bidders for any interruption or delay in access to the site irrespective of

the cause.

15 The bidders are required to submit acceptance of the terms & conditions and modality of

e-Auction given above before participating in the e-Auction.

16 Duration of Auction: The auction of each property is scheduled to be conducted on day

& time as specified in the auction notice. The bidders are cautioned not to wait till the

last minute or last few seconds to enter their bid to avoid complications related to

internet connectivity, network problem, system crash down, power failure etc.

17 Successful Bidder: At the end of the e-Auction, the Sale Committee will evaluate all the

bids submitted and will decide upon the successful bidder. Sale Committee's decision

will be final and binding on all the bidders.

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Instruction to Bidders

Bidders are advised to read the instructions, evaluation norms and other terms and conditions

described in these documents and other instructions carefully before making their offer. In case

of any doubt they may contact:

Mr. H.D.Suthar,

Registrar (Vigilance) & Chairman Sale Committee,

Chamber no 42, First floor, Judges Facility Wing,

High Court of Gujarat

S.G.Highway, Ahmedabad – 380 060

Phone: 079-27664625

[email protected]

THE DOCUMENTS & THE AUCTION:

It is a two-stage process. The tender document includes pre-qualification bid & Auction bid.

Only the tenders of bidders who are qualified in the pre-qualification bid will be considered for

e-auction. The Auction bid is required to be submitted on line at https://nprocure.com by the date

and time prescribed in the tender notice

Part – I Prequalification Bid

E-Auction document fee, EMD, E auction User Id, Declaration by bidder and Company details

as mentioned in Annexure I & II to be submitted physically as well as scanned & emailed to

[email protected] before the due date as per Tender Notice addressing the

Registrar(Vigilance)/Chairman, Sale Committee of the High Court of Gujarat before the last

date.

Part – II Auction-bid

To be submitted only online during the stipulated time.

Corrigendum:

Sometimes issue of Corrigendum may be necessary to clarify doubts raised or to make some

corrections. All such corrigendum shall be displayed on web site http://www.nprocure.com,

https://e-auction.nprocure.com and www.gujarathighcourt.nic.in only. The bidders are therefore

advised to refer to these sites from time to time to keep themselves updated.



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Instruction to Bidders for online auction

1.0 Registration:

1.1 Before participation in the e-Auction, a prospective Bidder shall be required to get itself /

himself registered with M/s. (n) Code solutions ( herein after referred to as “service

provider” ). High Court/Sale Committee has appointed them to provide all services

related to e-auction. Bidders may register themselves as per Annexure -III.

1.2 After the registration, all-prospective Bidders will have a “User ID” & a “password”

based on which they can log in. Details of the registration process with the service

provider are attached herewith as annexure – III.

1.3 Only one registration will be done against one PAN number. However, based on more

than one independent valid sales tax registration, more than one registration against a

PAN Number can be considered.

2.0 Bidding Process

2.1 The registered Bidders shall be required to record their acceptance after login, of the

Terms & Conditions of the e-Auction before participation in the actual Bidding Process.

2.2 Before participating in e-Auction, bidders are to satisfy themselves with the quality of

Plant & Machinery being offered from a source.

2.3 The Bidder while bidding shall quote their “Bid price in Indian Rupees as base price,

exclusive of other charges like taxes and levies as will be applicable at the time of

delivery. These charges as well as freight etc. shall be on the Bidders’ account.

2.4 During the bidding process, The bidder cannot reduce the price once quoted. The price

quoted shall not be less than the base price. The bidder has to bid for a price equal to or

above the reserve price to secure consideration in the concerned e-Auction.

2.5 Bidders must be extremely careful to avoid any error in bidding (whether typographical

or otherwise) and they are fully responsible to check and rectify their bid before

submitting their Bid into the live e-Auction floor.

2.6 There is no provision for bidding in decimals. The Bidder shall be solely responsible for

all consequences arising out of the bid submitted by him (including any wrongful bidding

by him) and no complaint /representation will be entertained by the High Court/Sale

Committee in this regard.

2.7 The date, time and period of e-Auction as notified in advance including closing time on

portal of service provider shall be adhered to. However, the closing time of e-Auction

will be automatically extended up to last Bid time, plus 5 (five) minutes each (maximum

of 12, auto extension will last only one hour till 6 pm only) till the sale is completed so

that opportunity is given to other Bidders for making an improved Bid.

2.8 The Bidder shall offer his Bid price in the increment of Rs.10 lacs during the e-Auction

as well as extended period.

2.9 While maintaining the secrecy of Bidder’s identity, the web site shall register and display

on screen the highest successful Bid prices at that any point of time. However once a

Bidder becomes H2, the particular Bidder shall become eligible for making a higher bid,

which, if the highest bid would be accepted.

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3.0 BIDDING AND BUYING

3.1 All bids on the Site are a firm commitment to purchase. If you are the highest bidder at

the end of an auction (meeting the applicable minimum bid or reserve requirements) and

your bid automatically accepted. You may be obligated to complete the transaction with

the High Court/Sale Committee. Bids may be increased in price or volume later but may

not be withdrawn. Bids cannot be cancelled. All bids must be in Indian Rupees only.

3.2 By bidding on an item you agree to be bound by the conditions of sale/auction included

in the item’s description (or linked to form the description) so long as those conditions of

sale/auction are not in violation of this Agreement or unlawful.

3.3 Bidders are strongly advised not to test the auction process with false bids, as it will put

you at personal legal risk. It is a crime to use a false name, other false personal

information. Wilfully entering erroneous or fictitious bids may result in prosecution by

service provider.

3.4 HIGH COURT/SALE COMMITTEE’s decision on the success or otherwise of a bid shall

be final and binding. Service provider as well as HIGH COURT/SALE COMMITTEE

reserves the right to reject or void bids, whether winning or not, that it deems not to have

been made in good faith, or that are restricted or prohibited.

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GENERAL TERMS AND CONDITIONS (GTC) OF e-AUCTION

1.0 INTERPRETATION :

1.1 High Court of Gujarat/Sale Committee shall be hereinafter referred to as "This

Office", and the successful Bidder shall be hereinafter referred to as the

Buyer/Purchaser.

1.2 These General Terms and Conditions (hereinafter referred to as GTC) are in

addition to the Special Terms and Conditions (hereinafter referred to as STC), if

any, of the relevant e-Auction and shall form an integral part of the e-Auction in so

far as it has not been altered or modified by the STC or any Remark / Note stipulated

in the Schedule of Items.

In case of any conflict between any of the provisions of this GTC & STC the

provisions of STC will ordinarily prevail subject to the Remarks / Note stipulated in

the Schedule of Items, if any, superseding both the GTC & STC of e-Auction.

However the interpretation of High Court/Sale Committee shall be final and binding

to all the bidders.

1.3 The e-Auction document consists of (i) Public notice (ii) Instruction to Bidders (iii)

Instruction to Bidders for online auction (iv) Special Terms and Conditions of Sale

(STC) and (v) General Terms and Conditions of Sale (GTC) (vi) Annexures which

are all integral part of the Terms and Conditions of Sale by e-Auction.

2.0 MODE OF SUBMISSION OF e-AUCTION :-

2.1 The bidder will have to submit their bid ONLINE as mentioned in E-AUCTION

Notice.

3.0 EARNEST MONEY DEPOSIT (EMD):-

3.1 The Bid shall be accompanied with Earnest Money Deposit (hereinafter referred to as

EMD) mentioned in public notice by way of Demand Draft/ Bankers Cheque on any

Nationalised Bank payable at Ahmedabad only drawn in favor of “Registrar, High

Court of Gujarat, Ahmedabad”, PLA A/c.No.10133765851 with State Bank of

India, Gujarat High Court Complex Branch, Sola, Ahmedabad. Branch Code:

04130, IFSC Code: SBIN0004130. No interest is payable on EMD.

3.2 In case of unsuccessful Bidder, the Earnest Money will be refunded within

15(fifteen) working days of finalization of sale by the High Court to the unsuccessful

bidders by A/c payee cheque.

3.3 In case, the Bid is accepted and the Bidder(s)/ Buyer(s) refuse (s) / fail (s) to make

further financial arrangements towards the full value of materials and/or Taxes

/Duties and / or other financial arrangement as stipulated TIME LIMIT in these GTC

as well as STC of the e-Auction, the EMD shall be forfeited without prejudice to the

rights of This Office to claim such further damages in this regard without further

reference to the Bidder (s) /Buyer(s). In case, the Bidder (s) wish(es) to withdraw his

offer before the expiry of the validity period of the offer, then EMD shall be forfeited

without further reference to the Bidder.

3.4 No interest is payable by This Office on the EMD. The EMD is /are refundable to the

Buyer(s) only on fulfilment of all contractual obligations of the Buyer(s) to the

satisfaction of the This Office whose certificate in this regard by way of issue of " No

Objection Certificate " ( hereinafter referred to as NOC ) shall be final and binding

on the Buyer(s).

3.5 In order to afford reasonable protection to the interests of the Bidders, the Bidders

MUST legibly indicate in the appropriate space provided for in the Auction

Documents, their Bank Account Number and the name of the Bank and Branch

where such Account is held by the Bidders which information can be used by This

Office for refunding the EMDs of the Bidders. Wherever applicable Sale Committee

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shall not be responsible in any way whatsoever for any loss and/or delay and/or

miscarriage/misplacement of such refund cheque in transit which will normally be

sent to the Bidders under registered post/certificate of posting at This Office’s

Discretion.

4.0 PAYMENTS :-

4.1 The material value of plant & machinery accepted must be paid by the Buyer along

with all Duties and Taxes as stipulated in the STC / Sale Acceptance Letter.

4.2 The Government levy like Sales Tax/ Excise Duties / Income Tax/CST no. as

applicable should be paid by Bidder direct to concerned Department and on

submission of document regarding such payment, the delivery of Machineries will

be made.

4.3 The sale value must be paid by Demand Draft/Banker’s Cheque drawn on any

Nationalised Bank in favor of “Registrar, High Court of Gujarat, Ahmedabad”,

PLA A/c.No.10133765851 with State Bank of India, Gujarat High Court

Complex Branch, Sola, Ahmedabad. Branch Code : 04130, IFSC Code :

SBIN0004130.

5.0 QUALITY AND QUANTITY:-

5.1 The Machinery will be sold on " As it is, where it is" and " No complaint basis" in

so far as physical condition of the same is concerned. The Bidder(s) will therefore be

deemed to have made themselves aware of the physical conditions, dimensions, size,

weight, working conditions etc. by inspecting the materials before submitting their

Bid and no complaint nor any claim in this regard will be entertained by This Office

after the submission of the Bid.

5.2 Bidders have to quote for entire/all plant & machinery. No separate quote for any

particular machinery or plant is allowed.

5.3 The entire machinery lying in all the plants will have to be lifted by the Buyer(s) so

as to clear the entire plants. The quantity if indicated against the respective plants are

purely indicative and without any guarantee and This Office/Owner shall not

entertain any claim/ complaint from the Buyer(s) for any deficiency in quality,

quantity, size, dimension or for refund of whole or any part of the purchase money or

loss of profit or interest / damages or otherwise.

5.4 No refund of any kind shall be entertained by This Office/Owners if the quantity

whatever mentioned in the Tender turns out to be less at the time of delivery.

However, if the quantity turns out to be more than the auctioned quantity, then the

delivery of material shall be limited to auctioned quantity only.

6.0 INSPECTION

6.1 The materials quoted may be inspected at the site of the Company as mentioned in

the Public Notice and by observing the entry procedure in the plant/ office/ premises

of the Company. The interested parties can inspect the properties at site on

24.01.2017 till 06.02.2017 between 10.00 a.m. To 5.00 p.m. In case of

inconvenience caused for inspection, the interested parties should contact the Sale

Committee, the High Court

6.2 The materials quoted for may be inspected at the appropriate site(s) as indicated in

the Public Notice of Item(s) / Rate(s) and Bidder(s) should thoroughly satisfy

themselves about the nature, condition, quantity and quality of the

Machineries/Scrap materials and working conditions. This Office gives no guarantee

or warranty as to the conditions of the material or its quality or its fitness for any

specific purpose or use. It should be clearly understood that no claim/complaint

about the quantity, quality, condition, fitness for use shall be entertained by This

Office.

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7.0 PERIOD OF CONTRACT:-

7.1 The contract shall be treated as having come into effect with the issue of Sale

Acceptance Letter / Sale Order by This Office to the successful Bidder. The period

of contract will be upto the last date of validity of the Delivery Order / Release

Order (or the last date of Delivery Order / Release Order in case of instalment

payments being allowed) issued by This Office as the case may be or as specified in

the STC of Tender. Unless the materials are lifted within the stipulated time, the

contract for the quantity not lifted within the stipulated time shall be deemed to have

been cancelled and This Office shall be at liberty to dispose them off without

prejudice to its rights against the Buyer(s). If, further material is left in the area

allotted to the Buyer(s) after the period of contract, This Office may at its sole

discretion give the extension of time to the Buyer(s) to complete the contract in all

respect and the Buyer(s) shall remove the materials during the extended period also

at the same contracted rate as provided.

8.0 DEFAULT IN LIFTING BY THE BUYER:-

8.1 In case of any default in lifting the materials by the Buyer(s), the outstanding

material shall be lifted as early as possible subject to order of Hon’ble High Court.

9.0 DELIVERY :-

9.1 The buyer shall lift the materials lying in the aforesaid plants quoted for by

employing their own labour and transport at their own risk and cost from the area

allotted to them within four months (one hundred and twenty days) from the date of

confirmation of sales by observing all prevailing rules, regulations and legislations

for time being in force. Buyer will have to engage his own labour for lifting goods

and materials and adhere to safety measures.

9.2 The materials shall be removed on "As it is, where it is” basis at Buyer's own cost.

No processing before removal from the premises will be permitted. Certain

processing, which at the sole discretion of This Office, may be allowed only for

convenient transportation. However any / all required for fitting of Machineries have

to be arranged by the Buyer at their own cost.

9.3 The Buyer or any of their representatives / workers / agents shall not indulge in any

activity which is directly or indirectly prejudicial to Company’s interest or shall not

commit any acts of misappropriation, pilferage or abetting misappropriation or

pilferage of Company’s property or any attempt thereof offer or attempt to offer

illegal gratification including offering bribe, reward or advantage etc., pecuniary or

otherwise to any officer or employee of the Company indulge in any malpractice,

namely but not limited to, forgery, falsification or fabrication of documents, bills,

vouchers, indents, etc. in support of any claim against the Company or indulge in

any other act which amounts to offences punishable under the Indian Penal Code

or any other enactment.

10.0 FORCE MAJEURE :-

10.1 This Office shall not be liable for any failure or delay in performance due to any

cause beyond their control including Fires, Floods, Strikes, Go-slow , Lock Out,

Closure, Pestilence, Dispute with staff, Dislocation of normal working conditions,

war, Riots, Epidemics, Political Upheavals , Government Action, Civil Commotion,

Breakdown of machinery, shortage of Labor, Acts of God etc., Demands or otherwise

or on account of any other cause or consequence beyond the control of This Office

the existence of such cause or consequences may operate at the sole discretion of

This Office to extend the time of performance after the cause of delay will have

ceased to exist. The provisions aforesaid shall not be limited or abrogated by any

other terms of the contract whether printed or written

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SPECIAL TERMS AND CONDITIONS (STC) OF TENDER

1.0 INSPECTION:-

1.1 Normally the materials offered for sale may be inspected during working hours / days

of the Company as per the date and time mentioned in public notice. However, if any

inspection schedule is specified in the e-Auction Notice, then the same shall be

applicable.

2 INSTRUCTION TO BIDDERS :-

2.1 The cost of the e-Auction Document is stipulated in its e-Auction Notice. Intending

bidders may download it from website of https://e-auction.nprocure.com/ website and

submit their information in such prescribed Form downloaded from the Website along

with Banker's cheque / DD favoring This Office towards the cost of the e-Auction

Document, failing which their Tender is liable for rejection.

2.2 The e-Auction documents are not transferable and non-refundable. The list of

materials put up for sale by e-Auction and their locations are specified in the public

notice.

2.3 Bidders are required to submit Bids in accordance with the mode of submission of

Bids specified in Clause 2.0 of General Terms and Conditions of e-Auction (GTC)

along with prescribed EMD and all prescribed documents / enclosures.

2.4 Bids must be submitted for specified plant & machinery (except land) and excluding

all applicable Duties and Taxes. (Note: The same shall be payable by the successful

Bidder as per the statutory rates prevailing on the date of actual lifting / removal of the

materials. Hence Bidders should not stipulate any rate of Duty/ Sales Tax in their Bid /

Offer.

2.5 The Bidders must write their name and address or affix the Rubber Stamp of their

Firm/Co.at the back of all the Bankers's Cheques / DDS submitted towards EMD.

Bidders must mention their Bank Account Number, Name & Branch of their Bank in

the enclosed Declaration Sheet for enabling This Office to refund their EMD/SD as

and when required, failing which no refund of EMD/SD will be made by This Office.

2.6 Bidders must mention their INCOME TAX PAN NO/EXCISE NO/VAT NO./CST NO.

in the enclosed Declaration Sheet. The buyer shall comply with all the prevailing

statutory provisions.

3.0 PAYMENT:-

3.1 The person whose bid comes to highest after completion of respective auctions he

should pay 25% of his bid amount within ten working days.

3.2 The Contract shall be treated as having been concluded as soon as a Sale Order /

Acceptance Letter is issued by This Office to the successful Bidder (hereinafter

referred to as the Buyer), the rest 75% of sale value should be paid by the Buyer within

30 (thirty) days from the date of issue of Sale Order / Acceptance Letter by This Office

(including the date of issue) to the successful Bidder. Government levy like Sales Tax,

Excise etc. should be paid by buyer direct to concern department. The delivery order

will be issued on providing relevant document of such payment (Govt. Levy). In this

case materials will be delivered without weighment on “as it is, where it is” basis.

3.3 The Buyer must deposit all sale value to This Office within the prescribed time

schedule by Banker's cheque/DD of any Nationalised Bank drawn in favor of the

“Registrar, High Court of Gujarat, Ahmedabad”, PLA A/c.No.10133765851 with

State Bank of India, Gujarat High Court Complex Branch, Sola, Ahmedabad.

Branch Code : 04130, IFSC Code : SBIN0004130, or as may be specified in the

Sale Order / Acceptance Letter to enable This Office to issue the Delivery Order and

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for enabling the This Office to release the materials to the Buyer.

Sale is only for:

a) Nylon Tyre Cord(NTC) plant and machinery excluding land and building

b) Polyester Yarn (POY) plant and machinery excluding land and building

c) Carbon di Sulphide (CS2) plant/machinery excluding land and building

d) Power plant and machinery excluding land and building

e) Water Treatment plant and machinery excluding land and building

f) Plant and machinery other than mentioned in the schedule is not for sale. Also

the land of the company is not for sale.

g) Anything out of the specified plant, machinery and building like cable,wires,

pipes, channels etc. should not be tampered with and is not part of the sale/bid

h) As detailed in inventory supplied to the valuer provided by the company and

agreed by the Union

4.0 PERIOD OF CONTRACT:-

4.1 The period of Contract shall be upto the last date of validity of Delivery Order /

Release Order issued by This Office or upto the extended period of validity of the

Delivery Order / Release Order in case the delivery period is extended by This Office

at their sole discretion, as the case may be.

5 In case of any conflict between any Remarks / Terms & Conditions / Notes stipulated

in the E- Auction Document, the decision of Sale Committee would be final subject to

approval/direction of the Hon’ble High Court.

______________ (I accept the Terms and conditions of the E Auction Tender)

Signature of Bidder

Full name of Bidder:

Address & Contact Details:

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ANNEXURE I

DETAILS OF BIDDER

FORM A

Sr.

No.

PARTICULARS. To be filled in by the e-bidder

1 Name & Address of the applicant/Name of

Partners/Directors in case of

Company/firm of Intending bidder with

Telephone number :

Mobile No. :

Fax No. :

Email id :

2 Present profession of the applicant.

(Please give details of the work being

carried out).

3 Bank account details for refund of EMD

money

4 Earnest money:

(a) Number, date and amount

of D.D./ bankers cheque.

(b) Bank on which D.D. / Pay

Order is drawn.

5 Copy of Income tax PAN Card

6 Certificate Copy of Excise no.

7 Certificate Copy of VAT no.

8 Certificate Copy of CST no.

9 Firm Registration Certificate

10 EPF Registration Certificate

11 Valid Labor License

12 Professional Tax Registration Certificate

13 Latest copy of Solvency Certificate

14 Labor welfare Board Registration

15 Turnover during last three years

16 E auction user id

Place:

Date: Signature of the applicant.

The details duly filled in form A only shall be considered as a valid form

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ANNEXURE II

DECLARATION BY THE BIDDER

1. I/We have fully understood the Auction document with General Terms & Conditions of tender

as well as the Special Terms & Conditions attached with the tender which are returned herewith

duly signed by me/us in token of having accepted the same in toto and I/We have quoted the

amount keeping in view these terms and conditions. I/We fully agree that once I/We have

endorsed my/our signatures herein below, all conditions whatsoever in whatever manner

mentioned by me/us which may not be acceptable to you/your High Court/Sale committee shall

be deemed to be withdrawn by me/us and I am/we are fully aware that no grievance whatsoever

shall be entertained by you,

2. The Total Earnest Money payable by me/us against all the lots quoted by me/us is Rs. Three

Crores and Fifty Lakhs (3,50,00,000)

3. The aforesaid amount of Earnest Money is enclosed by me/us with this tender in the form of

Bankers Cheque/Demand Draft (s) as per following details:-

4. My/Our PAN No.

.

Signature of Bidder

Full name of Bidder:

Address & Contact Details:

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ANNEXURE III

Necessary Steps are as under for the Bidder to participate in e-Auction.

STEP 1(One Time Process): Obtain Class III Digital Signature Certificate(DSC) from any CA

(Certifying Authority) named (n)Code Solutions.

Process to get DSC from (n) Code Solution:

Download Registration Form (Enterprise/Individual) which is available on

www.ncodesolutions.com. Required documents are mentioned in Registration Form.

Kindly submit duly filled Registration Form with Required Documents in, Ahmedabad at (n)

Code Solutions, Ahmedabad. DSC may issue within two to three working days, if required

documents have been submitted and mail verification done within the time.

Support: Call Toll Free 18004194632 Board No. (079)40007323 Monday to Saturday 10:00 Hrs

– 18:00 Hrs

STEP 2(One Time Process): Install e-Token driver & Some Security Settings are required to

access the https://e-auction.nprocure.com.

Install e-Token driver from the given CD with DSC OR you may download the same from

www.nprocure.com and install it.

Insert the e-Token in USB Slot.

Security & other Settings: Download “(n)Procure Tool” and install it.

If you change the Desktop/Laptop, Kindly repeat STEP 2.

STEP 3 (One Time Process): Online Registration on https://e-auction.nprocure.com to participate in e-Auction.

Create User Id and Password:

Open https://e-auction.nprocure.com

Click “New User Registration” and fill up the all necessary details and submit form to create

User Id and Password.

DSC Mapping with User Id:

Enter User Id & Password on home page, which opens DSC windows wherein select DSC

holder’s name to map the DSC with User Id.

Now, Bidder is able to login with their User Id, Password and Valid DSC.

STEP 4: Provide your Company Name with User Id to the High Court of Gujarat & (n)Code

Solutions before due date & time to participate in scheduled e-Auction.

Submit your Company name with User Id and required EMD in prescribed form to the High

Court of Gujarat before due date.

The High Court of Gujarat will allow those bidders who fulfil their terms.

Now you can participate in live e-Auction on scheduled date & time.

Log-in with User Id and Password.

Click, Live Auctions -> Enter Live Auction.

Increase the Lot-wise minimum Increment Amount OR in multiple of Increment Amount ->

Submit.

Minimum Requirement for e-Auction

1. Computer with Windows XP (with min. Service Pack 3) / Vista / 2003 / Win-7.0 (with full

administrative rights). 2. Internet Explorer version 8.0 & above 3. Legally valid class 3 Digital

Signature Certificate.(i.e. 2 Separate Certificates-Signing & Encryption under Indian Root CA

chain.) 4. High speed Internet Connection.

(n)Procure Help Desk:-(between 10.00am to 8.00pm on all working days.)

In case bidders need any clarifications or if training required to participate in online e-

Auction, they can contact (n)Procure Support team, preferably prior to e-Auction Schedule

to avoid inconvenience:-

http://www.ncodesolutions.com/

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(n)Code Solutions-A division of GNFC Ltd., (n)Procure Cell 403, GNFC Infotower, S.G. Road,

Bodakdev, Ahmedabad – 380054 (Gujarat)

Contact Details Landline Airtel : +91-79-40007501, 40007512, 40007516, 40007517,

40007525, 40007589, Fax : +91-79-40007533 E-mail : [email protected] TOLL FREE

NUMBER: 1-800-419-4632 and 1-800-233-7944

***

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ANNEXURE IV

Price confirmation Letter by H1 Bidder

To,

Mr. H.D.Suthar,

Registrar (Vigilance) & Chairman Sale Committee,

Chamber no 42, First floor, Judges Facility Wing,

High Court of Gujarat

S.G.Highway, Ahmedabad – 380 060

Phone: 079-27664625

[email protected]

Subject: Final Bid quoted during E- Auction – Sale of Plant & Machinery (Except Land &

building) of Baroda Rayon Corporation Ltd., Surat by The Sale Committee, High Court of

Gujarat at Sola, Ahmedabad

Dear Sir,

We confirm that we have quoted the highest bid of Rs._______/- (In

Words_____________________) for the purchase of the Plant & Machinery (Except Land &

building) of Baroda Rayon Corporation Ltd., Surat during e-Auction of the said property held by

The High Court of Gujarat through the service provider M/s. (n) code Solutions Private Limited

on __________.

Yours sincerely,

Signature:

Name of Bidder:

Date:

Note: This document is required to be duly filled in and signed by the H1 bidder and thereafter e-

mail scanned letter to [email protected] addressing the Mr. H.D.Suthar,

Registrar (Vigilance) & Chairman Sale Committee.



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DISCLAIMER

1. The Information contained in this document or subsequently provided to Bidder(s),

whether verbally or in documentary or any other form by or on behalf of HIGH

COURT/SALE COMMITTEE or any of their employees or advisors, is provided to

Bidder(s) on the terms and conditions set out in this document and such other terms and

conditions subject to which such information is provided.

2. This document is not an agreement and is neither an offer nor invitation by HIGH

COURT/SALE COMMITTEE to the prospective Bidders or any other person. The

purpose of this document is to provide interested Bidders with information that may be

useful to them in making their Bids/Proposals pursuant to this document. This document

includes statements, which reflect various assumptions and assessments arrived at by the

HIGH COURT/SALE COMMITTEE in relation to the e-auction. Such assumptions,

assessments and statements do not purport to contain all the information that each Bidder

may require. This document may not be appropriate for all persons, and it is not possible

for HIGH COURT/SALE COMMITTEE, its employees or advisors to consider the

investment objectives, financial situation and particular needs of each party who reads or

uses this document. The assumptions, assessments, statements and information contained

in this document, may not be complete, accurate, adequate or correct.

3. Each Bidder should, therefore, conduct its own investigations and analysis and should

check the accuracy, adequacy, correctness, reliability and completeness of the

assumptions, assessments, statements and information contained in this document and

obtains independent advice from appropriate sources.

4. Information provided in this document to the Bidder(s) is on a wide range of matters,

some of which may depend upon interpretation of law. The information given is not

intended to be an exhaustive account of statutory requirements and should not be

regarded as a complete or authoritative statement of law. The HIGH COURT/SALE

COMMITTEE accepts no responsibility for the accuracy or otherwise for any

interpretation or opinion on law expressed herein.

5. HIGH COURT/SALE COMMITTEE, its employees and advisors make no representation

or warranty and shall have no liability to any person, including any Bidder under any law,

statute, rules or regulations or tort, principles of restitution or unjust enrichment or

otherwise for any loss, damages, cost or expense which may arise from or be incurred or

suffered on account of anything contained in this document or otherwise, including the

accuracy, adequacy, correctness, completeness or reliability of the document and any

assessment, assumption, statement or information contained therein or deemed to form

part of this document or arising in any way for participation in the Bidding Process.

6. HIGH COURT/SALE COMMITTEE also accepts no liability of any nature whether

resulting from negligence or otherwise howsoever caused arising from reliance of any

Bidder upon the statements contained in this Tender.

7. HIGH COURT/SALE COMMITTEE may in its absolute discretion, but without being

under any obligation to do so, update, amend or supplement the information, assessment

or assumptions contained in this Tender.

8. The Bidder shall bear all its costs associated with or relating to the preparation and

submission of its Bid including but not limited to preparation, copying, postage, delivery

fees, expenses associated with any demonstrations or presentations which may be

required by HIGH COURT/SALE COMMITTEE or any other costs incurred in

connection with or relating to its Bid. All such costs and expenses will remain with the

Bidder.

9. HIGH COURT/SALE COMMITTEE reserves the right to reject all or any of the Bids

without assigning any reason whatsoever.

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