Forfeiture of earnest money in e-auction on as-is-where-is basis; petitioner may seek administrative relief after hearing.

Forfeiture of earnest money in an e-auction conducted on an as-is-where-is basis is addressed with emphasis on the bidders obligation to inspect goods pre-bid and compliance with the Central Board of Excise and Customs circular of 29.03.2017; administrative relief remains available if the bidder approaches the revenue authority and is to be considered after affording a hearing. The proceeding was withdrawn by the petitioner, leaving the revenue free to pass orders in accordance with law following consideration of any representation and hearing.

---

---

Issues: Whether the writ petition challenging forfeiture of earnest money and the e-auction process should be proceeded with or may be withdrawn with liberty to approach the concerned department for relief.

Analysis: The petitioner sought to withdraw the writ petition which challenges forfeiture of earnest money deposited pursuant to an e-auction and alleges contravention of departmental guidelines. The e-auction pre-dates the impugned circular relied upon by the petitioner. The sale was conducted on an "as is where is" basis with an obligation on the purchaser to inspect the goods. The petition was instituted after a delay of approximately five years. The request to withdraw the petition is not opposed by the revenue.

Conclusion: The writ petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the concerned department for relief; the department is at liberty to pass an order as per law after hearing the petitioner.

---