• Employee filled a tender

Hi i recently gave out an advertisement for my trust land to sell ,one of my employs who also owns a business purchaced the tender and filled it ,his bid was the highest i asked him about his company ,he said he has decided a name for his company when he gets the land he will finilize it ,he has 4 more partners ,he looks financially stable that he can buy that land ,i have submitted his proposal to the charity commissioner but i have one problem ,will there be a problem with the company name because he said he has company name in mind but will form it after he gets the land ,it this ok legally please let me know thanks just to let u know in the tender there are no conditions that u have to form a company first .
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

Sir has he filed the tender in capacity of individual or company if in individual capacity he has filed then the company name won't be issue but in case of company.then company should be registered. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

tender has been filled by employee in his name . Wait for charity commissioner permission for sale of property 

 

2) as on date there is no company in existence . 

 

3) if the tender had been filled in by company then you would need it’s detiled particulars 

Ajay Sethi
Advocate, Mumbai
100058 Answers
8169 Consultations

If there is no clause in the tender that an employee can not apply for tender then there is nothing wrong in that and the land can be transferred in the individuals name as the the conditions of the RFP documents conditions complied for.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If the tender notification restricts the employees of the trust from bidding the tender, then the employee may not be ablpe to participate in the tender. 

Hence you may go through the conditions imposed in the tender and if there is nothing adverse found in this regard, then you may allow the  tender filled by the employee in his individual capacity.

 

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 Consultations

Dear client,

Tender award invalid due to non existence of company. He would have applied in his individual name and not in company.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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