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MANOJ MISRA, UJJAL BHUYAN
Prakash Asphaltings And Toll Highways (India) Limited – Appellant
Versus
Mandeepa Enterprises – Respondent
| Table of Content |
|---|
| 1. overview of legal proceedings regarding bid contest. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of tender submission process and requirements. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. respondent's request for bid rectification. (Para 15 , 16 , 17 , 18 , 19) |
| 4. high court's judgment on bid rectification. (Para 20 , 21 , 22) |
| 5. arguments by parties in response to court findings. (Para 23 , 24 , 25) |
| 6. judicial review and criteria for tender processes. (Para 26 , 27 , 28 , 29 , 30) |
| 7. judgment relating to unintentional mistakes in bids. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 8. final decision and principles reinforcing tender integrity. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45) |
JUDGMENT :
This civil appeal is directed against the judgment and order dated 23.02.2024 passed by a Division Bench of the High Court at Calcutta (High Court) in MAT No. 93 of 2024.
3. Respondent No. 1 had filed the aforesaid writ petition assailing the action of respondent Nos. 2, 3 and 4 (State of West Bengal and its officials) refusing to treat respondent No. 1 as the highest bidder by permitting it to rectify its financial bid after the bidding process was over. After observing that there was
Government Contract – Sanctity of tender process is paramount and should be maintained at all cost – While benefit or accrual of more revenue to public exchequer is certainly an important aspect, equ....
The failure to quote a bid price in the prescribed format renders a financial bid non-responsive, as per the terms of the tender document.
The scope of judicial review in contractual matters is severely limited, and in the field of public works, due deference must be given to the decisions of the State as the activities that are underta....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
public authorities must be left with the same liberty as they have in framing the policies - Contracts are legally binding commitments and they commit the authority which may be held to be a State wi....
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
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