In the course of the appeal, the High Court formulated four points for its consideration as can be seen from the following extract from its judgment: "The points now requiring consideration are (1) whether there came into existence a contract, (2) whether by reason of non deposit of one sixth of the bid money there was a breach of the contract on the part of the appellant; (3) whether this breach entitled the respondent to re auction the shops and to recover the loss on re auction from the appellant; and (4) whether the deficit of Rs. 20,100 represents the legal loss recoverable from the appellant." Before the High Court in so far as the first point was concerned, the respondent 's contention was three fold (i) since the bids were not accompanied by l/6th of the bid amount, there were no completed proposals and, therefore, there could be no acceptance thereof so as to bring into existence a contract; (ii) as the Excise Commissioner had not accorded his approval, there was no acceptance of the proposal and (iii) as no agreements in writing had been executed by the person competent to do so under Article 299 of the Constitution, no contracts had come into existence.