Letter of intent does not equal a binding agreement

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In the recent Honshu Buildcon and Ors v North Delhi Municipal Corporation case, Honshu received a show cause notice from NDMC, alleging it had a direct connection with certain defaulter companies that violated the terms and conditions of a notice inviting tender (NIT) asking Honshu to explain why its application for participation in an e-auction should not be cancelled along with further actions. Honshu replied that its directors and shareholders had no direct relation with the defaulter companies, and asked NDMC to withdraw the show cause notice. NDMC refused the request and cancelled Honshu’s letter of intent. This prompted Honshu to file a writ petition before Delhi High Court alleging that the cancellation was arbitrary and mala fide.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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