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SURYA KANT, UJJAL BHUYAN, N. KOTISWAR SINGH
State of Himachal Pradesh – Appellant
Versus
OASYS Cybernatics Pvt. Ltd. – Respondent
JUDGMENT :
SURYA KANT, CJI.
1. Leave granted.
2. The instant appeal, emanating from a dispute concerning government tenders, brings into sharp focus the delicate balance between considerations of public interest and the constitutional prohibition on arbitrariness in State action.
3. To briefly explicate, the State of Himachal Pradesh (Appellant-State) is in appeal against a Division Bench judgment of the High Court of Himachal Pradesh at Shimla (High Court) dated 30.05.2024 (Impugned Judgment), whereby the cancellation of a Letter of Intent (LoI) issued to M/s OASYS Cybernetics Pvt. Ltd. (Respondent-company) in connection with a tender for the supply, installation, and maintenance of electronic Point-of-Sale (ePOS) devices for use in the Appellant-State’s Fair Price Shops, has been set aside with consequential restoration of contractual obligations.
A. FACTS
4. Prior to proceeding with charting out the competing submissions and the questions of law that arise for determination, it is necessary to first demarcate the relevant facts in some detail, as they form the quintessential setting against which the present controversy must be considered.
5. The dispute essentially emanates from the
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