MUMBAI INTERNATIONAL AIRPORT PVT. LTD. CHHATRAPATI SHIVAJI INTERNATIONAL AIRPORT

MUMBAI – 400 099 TEL.: 022 66850458

TERMS AND CONDITIONS FOR E-AUCTION OF

OFFICE EQUIPMENT AND MATERIALS

BELONGING TO KINGFISHER AIRLINES LTD.

DISPLAY ON

25.09.2017 - 27.09.2017 (11 am to 5 pm)

E-AUCTION VENUE www.aaacpl.com

ON

05.10.2017 (THURSDAY)

E-AUCTION SALE DATE: 05.10.2017

MUMBAI INTERNATIONAL AIRPORT PVT.LTD

CHHATRAPATI SHIVAJI INTERNATIONAL AIRPORT, MUMBAI – 400 099

(PROCUREMENT DEPARTMENT)

TEL : 66850458

SALE THROUGH E-AUCTION ON “AS IS WHERE IS BASIS”

AND ON “NO COMPLAINT BASIS” DATE OF INSPECTION : 25.09.2017 - 27.09.2017 (11:00 am to 5:00 pm) DATE OF E- AUCTION : 05.10.2017 (11:00 am to 11:30 am) VENUE OF INSPECTION : MUMBAI INTERNATIONAL AIRPORT PVT.LTD.

CHHATRAPATI SHIVAJI INTERNATIONAL AIRPORT TERMINAL 2, ANDHERI (EAST), MUMBAI – 400099

E-AUCTION SALE

DATE & TIME OF E- AUCTION: 11:00 AM TO 11:30 AM ON 05.10.2017

E-AUCTION SALE DATE: 05.10.2017

M/s. A.A. Auctioneers & Contractors Pvt. Ltd. Shop No.20, Kohinoor Society, Opp. BMC School, Link Road, Sakinaka, Mumbai – 400

072

E-Auction SALE on 5th October 2017

For and on behalf of

MUMBAI INTERNATIONAL AIRPORT PRIVATE LIMITED Chhatrapati Shivaji International Airport, 1st Floor, Terminal – 1B,

Santacruz (East), Mumbai 400099. Ph. : 66850458

Pursuant to the orders / directions of the Hon’ble Karnataka High Court, Mumbai International Airport Pvt. Ltd. (hereinafter referred to as “MIAL” or “the Custodian”) is organizing an online e-Auction of office equipment and materials belonging to Kingfisher Airlines Ltd. lying at Chhatrapati Shivaji International Airport, Mumbai through M/s. A.A. Auctioneers & Contractors Pvt. Ltd. (hereinafter referred to as “AAACPL” OR “The Auctioneer” on their Portal www.aaacpl.com

SCHEDULE OF PROGRAMME

Online Auction Date: 05.10.2017

Time of Auction 11:00 am to 11:30 am (IST)

Date/Time -Inspection of Materials

Date: 25.09.2017 - 27.09.2017 Time: 1100 hrs to 1700 hrs

Venue for Inspection

Unit no: E6-1030, North East Pier, at Terminal 2,Chhatrapati Shivaji International Airport, Andheri (East), Mumbai – 400 099 Tel No. 022 – 66850458 ❖ Please note that persons visiting the

airport for inspection are required to carry two identity proofs (Aadhar Card compulsory) and one photograph.

Caution Money Deposit (CMD) for On-line Auction (Refundable)

Rs.1,25,000/- (Rupees One Lac Twenty Five Thousand Only)

Date and Time for Payment of Caution Money

From 28.09.2017 till 03.10.2017 between 1100 hrs to 1700 hrs at office of A.A. Auctioneers & Contractors Pvt. Ltd., Shop No.20, Kohinoor Society, Opp. BMC School, Link Road, Sakinaka, Mumbai – 400 072

• All Bids will be accepted on Subject to Approval/Subject to Confirmation Basis.

E-AUCTION SALE DATE: 05.10.2017

• Kindly note the intimation of Confirmed Acceptances for sale by e-Auction will be sent ONLY THROUGH e-mails and Not by Courier / Post.

All payments of CMD to be made by way of a Demand Draft/Pay Order Drawn on any Scheduled Commercial /Nationalized Bank in the favour of “Mumbai International Airport Private Limited” payable at Mumbai.

SPECIAL INSTRUCTIONS : (Costs towards its compliance if any to be borne solely by the successful Bidder)

1. The successful bidder will have to get the necessary License / permission

from Concerned / appropriate Authorities, if required.

2. Any other statutory compliance if required has to be complied with by the successful bidder.

3. NOTE : CHANGE OF NAME WILL NOT BE ALLOWED

DESCRIPTION OF OFFICE EQUIPMENT AND MATERIALS BELONGING TO

KINGFISHER AIRLINES LTD. Metal Boxes, Drawers, Revolving chairs, Fire Extinguishers, Aluminium Trays, LCD monitors, CPUs, Portable oxygen cylinder, Slotted Angle Racks, Electrical Spares and equipment, Computer peripherals, Electronics items, Plastic goods and many other ATTRACTIVE ITEMS. The above referred date for Auction is liable to be postponed to the next working day in case of any un-scheduled unforeseen Holiday / Bandh or for any administrative reason, etc.

GENERAL TERMS & CONDITIONS

Subject to the reserve price fixed by MIAL, or persons duly authorized in this regard by MIAL and subject to the terms & conditions contained herein, all sale shall be made to the highest bidder on “AS IS WHERE IS BASIS WHATEVER IT IS” and on “NO COMPLAINT BASIS”. 1. SELLER: Seller referred to in these conditions of sale is MIAL, as directed by

Karnataka High Court vide Order dated 06.07.2017 passed in Company Application No. 63 of 2017 read with Order dated 07.09.2017 passed in Company Application No. 350 of 2017.

2. AUCTIONEER: AAACPL is an agency appointed as an auctioneer to

facilitate e-auction by the Custodian. They are expected to facilitate organizing and conducting an auction and are considered as third party not particularly interested in the item/s being sold for and on behalf of the MIAL.

3. BIDDER: Any person representing as an Individual OR as Proprietor OR as a

Partner OR as an Authorized Representative of any company and who is paying the Caution Money Deposit (“CMD”) and getting Registration with AAACPL is considered as a registered bidder. One individual can represent

E-AUCTION SALE DATE: 05.10.2017

as a bidder on his own behalf or on behalf of his company. But he cannot register separately for himself & company at the same time. Bidder must read the terms and conditions of the auction sale very carefully and then only place his signature on the “Registration-cum-Acceptance Form” given in Annexure-I. He is also expected to record his address, Telephone Numbers, Fax No, e-Mail address, as all the communication would be forwarded only at that address.

4. AAACPL runs its business on a Website. However, it is out-sourcing server

space from a third party hosting company and hence shall ensure the smooth running of the website in all good faith and intention. MIAL / AAACPL will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, ISP or otherwise at Bidder’s end or at MIAL / AAACPL directly or indirectly affecting Online method of Bidding.

5. All the office equipment and materials will be sold as “ONE LOT”.

PARTICIPATION

6. The prospective bidder has to register with the auctioneer at A.A. Auctioneers & Contractors Pvt. Ltd., at Shop No.20, Kohinoor Society, Opp. BMC School, Link Road, Sakinaka, Mumbai – 400 072 (hereinafter referred to as “Auctioneer Office”).

7. The prospective bidder shall deposit Caution Money Deposit of Rs.1,25,000/- (Rupees One Lac Twenty Five Thousand Only) at the time of registration by way of Demand Draft / Pay Order ONLY drawn on any Scheduled Commercial / Nationalized Bank drawn in the favour of “Mumbai International Airport Pvt. Ltd.” payable at Mumbai. CASH WILL NOT BE ACCEPTED.

8. On receipt of CMD along with the “REGISTRATION-cum-ACCEPTANCE

Form” (Attached with catalogue) the prospective bidder will be given a User ID and Password.

Bidders SHOULD NOT disclose their User ID and Password to anyone and safeguard its secrecy at all times. It is not possible to change the User ID OR the Password for the auction for which they have registered.

Kindly note, under no circumstances User ID and Password would be given over the telephone OR any other e-mail address.

9. All communication shall be by email only. Please note that no postal / courier

communication shall be forwarded.

CMD PAYMENT, CMD REFUND AND CMD FORFEITURE

10. The Non-interest bearing Caution Money Deposit (CMD) paid before the start of the auction is adjustable in the balance full payment as per the bid by the

E-AUCTION SALE DATE: 05.10.2017

successful bidder. The CMD of the successful bidder will be retained, whereas the CMD of the un-successful bidders will be returned on the next working day by the Auctioneer after the close of the auction at Auctioneer Office.

11. Successful bidder has to pay the full payment as per the bid within the

stipulated time detailed hereunder. Failing to pay the required full payment will lead to the forfeiture of the CMD deposited and the such bidder will be barred from taking part in the future auctions / tender sales. The lot will be sold to the next highest bidder at the sole discretion of MIAL. Successful Bidder is required to make full payments as per bid.

CONFIRMATION

12. The highest bid will be taken ONLY on Subject to Confirmation basis. After the closure of the auction, the acceptance of the successful bidder will be intimated by the Auctioneer ONLY through e-Mail upto 1800 hrs on working days.

13. Please note the intimation of Confirmed Acceptance for sale by e-Auction will

be sent ONLY through E-mail and Not by Courier / Post. 14. Within three working days from the date of such intimation, the highest /

successful bidder has to pay full amount as per his bid less the CMD deposited earlier, at the Procurement Department of MIAL at Chhatrapati Shivaji International Airport, 1st Floor, Terminal – 1B Santacruz (East), Mumbai 400099 by way of Demand Draft / Pay order only drawn on any scheduled Commercial / Nationalized Bank in favour of “MUMBAI INTERNATIONAL AIRPORT PVT. LTD.” payable at Mumbai.

15. If no intimation reaches the successful bidders beyond a reasonable

time for reasons beyond the control of the Auctioneer / MIAL, the bidders shall endeavour to find out the status before the expiry of the above time limit. It is explicitly made clear that Non-receipts of Intimation from the Auctioneer /MIAL shall not be an excuse for non-payment and CMD will be forfeited if the highest / successful bidder fails to pay the required total amount as per the bid before the due date .

16. The Successful bidder has to make the full payment as per the bid and take

the delivery of all office equipment and materials within 7 working days therefrom, failing which full amount deposited will be forfeited. Further, such bidder shall not have any claim in the subsequent disposal of the subject lot. Auction Sale Gate Pass for removal of goods will be issued by MIAL only after full payment of MIAL dues.

17. If the bidder fails to make payment and / or take delivery of the office

equipment and material within the allowed period, MIAL shall have the right to auction the un-delivered material immediately without any intimation to the

E-AUCTION SALE DATE: 05.10.2017

successful bidder and the bid money deposited by the bidder shall be forfeited.

TAXES and OTHER INCIDENTAL EXPENSES:

18. All bids are invited for the net amount accruable to MIAL and relevant taxes,

levies, etc. of State, Central Government and as also Local self-Government such as GST, VAT, Octroi or any other applicable tax will be calculated as extra. All the taxes as stated herein shall be paid by the Successful bidder before taking delivery.

19. It is expressly made clear that, the successful bidder should have the

applicable license(s) etc. for the goods they are bidding for. 20. The intimation of confirmed acceptance of Bid and Sales Invoice will be

issued ONLY in the name of the Bidder as is recorded in the Registration Form. Any further correspondence will be only with the Bidder(s) on his / her name and address as recorded in the Registration Form. Kindly note that any request for change in Bidder Name shall not be entertained under any circumstances.

21. Goods are sold on “AS IS WHERE IS BASIS WHATEVER IT IS” and on “NO

COMPLAINT BASIS”. Quantities, qualities, sizes, measurements, numbers and weights whether displayed on the system, at the time of Online Auction Sale or specified in the catalogue are sold on the assumption that the bidders have inspected the same and known what they are buying. The doctrine of Caveat emptor will apply. The Auctioneer / MIAL do not give any guarantee or warranty or undertake any responsibility for the make, manufacture, description, quantity, quality, condition, size, weight, grade, accuracy, soundness, completeness, etc., of the goods mentioned in the catalogue or displayed in the system. The entire lot shall be removed in full from the site with all faults and flaws, if any, in description or otherwise and no selection or sorting of the material will be allowed. No complaint will be entertained after the lot is knocked down.

INSPECTION 22. All bidders shall be deemed to have read and acquainted themselves with

these conditions of sale and agreed to bid subject to these conditions only.

23. No sale shall be invalidated by reason of any defect or default in the lot or on account of the lot being inadequately described and no compensation shall be paid in respect of such default or deficiency of description.

AMENDMENTS

E-AUCTION SALE DATE: 05.10.2017

24. MIAL reserves the sole right to make any announcements during the auction including any amendments in the conditions mentioned in the catalogue and/or addition / deletion of items being offered for sale.

25. Entire lot or part thereof may be withdrawn from the sale at any time before it

is actually physically delivered out of campus without disclosing the reason for such withdrawal. However, if any payment has been made it would be refunded without any interest thereon.

DELIVERY

26. The goods shall be lying in the premises after the conclusion of the bidding at the sole risk and cost of the successful bidder in all respects and the bidder shall take the delivery at his own expenses within seven (7) working days from the date of intimation through e-mail and in any case not later than the period prescribed above.

27. Delivery of goods will have to be taken as per e-mail sent by the Auctioneer

within the next three working days of completion of the formalities (if any) and subject to receipt of full payment by MIAL and it would be effected during normal working hours only. In order to complete delivery within the working hours all loading must be completed half an hour before the closing time.

28. Should the Successful Bidder wish to take the delivery of the lot through his

representative, he must authorize his representative through a letter of authority, which shall be presented to MIAL. Delivery by proxy will be at the bidder’s sole risk and responsibility and no claim shall lie against MIAL if the delivery is effected to wrong person (s).

29. When the lot sold is not available for any reason for delivery, amount received

against sale will be refunded to the bidder without interest. The decision of the AVP, Operations Procurement, MIAL will be final and binding on the bidder in this regard. No interest shall be payable on such refund.

30. Delivery orders / Gate Passes will be made out in name of the successful

bidder only.

31. MIAL reserves the right to withdraw the Lot from the Auction Sale in part or full without assigning any reason, before Physical delivery of Materials is effected on the merits of each case. In such cases the money already paid as complete payment(s) as per bid of the Lot shall be refunded to the bidder on pro-rata basis, without any interest, as the case may be.

EXCLUSIVE RIGHTS

32. MIAL reserves the right to modify and amend ‘Terms and Conditions’ and display the same if need be while the auction is in progress or prior to commencement of auction.

E-AUCTION SALE DATE: 05.10.2017

ARBITRATION

33. In the event of any dispute the same shall be referred to a sole arbitrator to be appointed by the Managing Director of MIAL and the Arbitration proceedings will be governed by Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof for the time being in force. The jurisdiction for filing the award into court or any other proceedings under the Arbitration Act shall be that of courts in MUMBAI City and the proceedings shall be conducted in English language only. All expenses pertaining to Arbitration shall be borne by the bidder alone.

34. MIAL will not be in any way responsible for failure to deliver the goods as per

delivery schedule due to causes beyond their control such as strikes, lockouts, cessation of labour, shortened hours, acts of God or other causes whatsoever. The bidder shall not be entitled to cancel the contract and the period of delivery shall be extended accordingly as may be notified.

STEPS FOR ACTUAL BIDDING PROCEDURE

▪ Go to www.aaacpl.com and Enter “Login ID and Password”. When a bidder logs in on www.aaacpl.com it is deemed that the bidder has accepted the Terms & Conditions of the Seller.

▪ After successful login the bidder will be able to view all the details about

the auction.

▪ The bidding screen will be available to the bidder to start bidding. There will be lot number and Lot name describing the lot on hyperlink. ‘Current bid’ column will show the highest bid for the lot. ‘Your bid’ column will show the bid amount for the lot by the bidder.

▪ Bidder can click on the bid button in the row of the lot to bid for the lot.

(The Bid should be placed without any decimal or Comma marks) This will lead to a pop-up window to enter the bid amount for the lot. The bid amount should be greater than the current bid amount for the lot.

▪ The auction is set for the particular time period and 30 (Thirty) minutes at

the maximum shall be allotted. Bidding will automatically stop at the end of the time period. The server time will always be shown on the bidding screen to know the start time, remaining time and the time of close of auction. There is NO TIME EXTENSION AVAILABLE.

▪ Highest bids made by the bidders are taken only Subject to Approval from

the seller at the close of the auction. The bid value last accepted by the system will be taken for deciding the status. Only if two bidders bid with same amount, the first bid received by the server will be the winning bid.

E-AUCTION SALE DATE: 05.10.2017

❖ The bidders would be required to feed their bid – amount by using keyboard only. There is no provision for increasing the bid by clicking at the key button for highest Bid + Increment.

❖ All Bidders are required to ascertain their current highest bid status in

the bid-history screen by way of abundant precaution constantly. A NOTE OF CAUTION FOR THE BIDDERS

Bidding during the last minutes of e-auction may encounter certain unforeseen problems such as time-lag, heavy traffic, system / power failure at the user end etc.

In order to avoid such problems and also not to lose out bidding, the bidders keen on buying any particular lot, are advised not to postpone the bidding to the last moment and to give their maximum bid at the earliest.

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E-AUCTION SALE DATE: 05.10.2017

MUMBAI INTERNATIONAL AIRPORT PRIVATE LIMITED

ANNEXURE I

Format of Acceptance Form to be duly filled and submitted along with visiting card at the office of A.A. Auctioneers & Contractors Pvt. Ltd., at Shop No.20, Kohinoor Society, Opp. BMC School, Link Road, Sakinaka, Mumbai – 400 072 along with Caution Money Deposit (CMD). Note – All entries compulsory

REGISTRATION – cum – ACCEPTANCE FORM

I/We confirm having 1. Gone through the above-mentioned terms and conditions and steps for

actual bidding process and agree to take part in the e-Auction for sale of office equipment and materials by Mumbai International Airport Private Limited.

2. I/We have read the terms & conditions mentioned in the catalogues &

I/we confirm that, I/we have understood the same very clearly. There is no ambiguity whatsoever & they are acceptable to me/us & shall be binding on me/us.

3. The decisions on all issues taken by representatives of Seller in all

respects shall be binding on me/us.

4. I/we also undertake to abide by the additional conditions if announced during the auction including the announcement of correction in catalogue and / or additions or deletions of items being offered for sale.

5. I/we note with due care that the Auctioneer shall be making the

announcements of correction with the consent and knowledge of the Custodian and auctioneer shall not be liable for these last minute changes.

6. Having inspected the material and having been satisfied with the

condition and type of the same, I/we agree to take part in this e-Auction on an “AS IS WHERE IS BASIS AND WHATEVER IT IS” and “NO COMPLAINT BASIS”.

7. I/We also understand that I/we am/are legally bound to purchase the

material at the Price at which I/we place the bid.

E-AUCTION SALE DATE: 05.10.2017

NO: ____________

Name of the Company ________________________________________ Contact Person (s) ________________________________________ Designation ________________________________________ Address ________________________________________

________________________________________

________________________________________ Phone/Fax _______________ Mobile No. _______________ E Mail 1) ________________________________________ 2) ________________________________________ GST: No. ________________________________________ PAN ________________________________________ In the event of any above information being found in-correct / in-complete, our Participation shall be liable to cancellation by MIAL at any time and I/we shall not be entitled to any claim for Refund arising from the same. CMD Amount: Rs. 1,25,000 (Rupees One Lac Twenty Five Thousand Only) paid vide Receipt No. : ____________________ DD / PO No. : Dated: ___________________ Bank Name and Branch: Signature of Authorized Signatory with Name and Co. Seal.