https://www.taxtmi.com/highlights?id=102855 Forfeiture of earnest money in an e-auction required fresh consideration under Section 74 of the Indian Contract Act because the statutory requirements governing contractual forfeiture, including the necessity and quantum of loss, had not been raised or examined. The applicable e-auction terms also required determination of whether the forfeitable amount was 25% or 10% of the successful bid. The High Court set aside the rejection of the refund claim and remitted that issue to the Company Judge after completion of pleadings, leaving the merits of forfeiture open. en-us Thu, 20 Aug 2026 08:14:28 +0530 Thu, 20 Aug 2026 08:14:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/highlights?id=102855 Forfeiture of earnest money in an e-auction required fresh consideration under Section 74 of the Indian Contract Act because the statutory requirements governing contractual forfeiture, including the necessity and quantum of loss, had not been raised or examined. The applicable e-auction terms also required determination of whether the forfeitable amount was 25% or 10% of the successful bid. The High Court set aside the rejection of the refund claim and remitted that issue to the Company Judge after completion of pleadings, leaving the merits of forfeiture open. Highlights Companies Law Thu, 20 Aug 2026 08:14:28 +0530 https://www.taxtmi.com/highlights?id=102855