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DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Indian Oil Corporation – Appellant
Versus
Sree Vijay Ganapathi Transport – Respondent
JUDGMENT :
(per Hon’ble Sri Justice R.Raghunandan Rao)
As both the writ appeals arise out of the same set of facts and between the same parties, they are being disposed of by way of this common judgment.
2. Heard Sri O. Manohar Reddy, learned Senior Counsel representing Sri S.V.S.S. Siva Ram, learned counsel appearing for the appellant in both writ appeals and Sri P. Kamalakar, learned counsel appearing for the 1st respondent in both writ appeals.
3. The appellant, which is an Oil Marketing Company, for the purpose of transport of its petroleum products, had issued a tender, dated 22.05.2023, calling for bids from tank truck owners, for road transportation of bulk petroleum products with effect from 01.08.2023, for a period of two years, with an option for extension up to one year. The tender was issued for employing 61 tank trucks.
4. The 1st respondent, which is registered under the Micro Small and Medium Enterprises Act, 2006, had offered six tank trucks in his bid. However, the 1st respondent received a letter of acceptance dated 08.09.2023 for only one tank truck and a work order was also issued on 05.10.2023.
5. Subsequently, the 1st respondent came to know that one of the successf
The interpretation of tender documents grants the issuer discretion to reject additional requests not explicitly provided for in the tender terms.
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
: Tenderer has no right to bank upon tender when life of tender was over.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
The main legal point established in the judgment is the implied power of the authority conducting the tender process to modify or relax tender terms in extraordinary situations, ensuring fair and rea....
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