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M. I. ARUN, UMESH M ADIGA
Tungabhadra Board Tungabhadra Dam, Hospet, Karnataka – Appellant
Versus
Ferro Concrete Construction (India) Pvt. Ltd. – Respondent
JUDGMENT :
Aggrieved by the order passed in Writ Petition No.100625/2023, the respondents No.1 and 2 therein have preferred Writ Appeal No.100566/2023 and respondent No.3 therein has preferred Writ Appeal No.100567/2023.
2. As both these writ appeals emanates from the same impugned order, they are taken up together and heard.
3. For the sake of convenience parties herein are referenced to as per their status in the writ petition.
4. The dispute pertains to awarding of two contracts in favour of respondent No.3 by respondent No.1 as mentioned below :
Work-B:- (Tender Notice No.93/2022-23 dated 23.09.2022) pertains to providing curtain grouting in Drainage Gallery for both Non-Spillway and Spillway portion form Ch,100’ to 3897.64’ providing pointing to downstream of spillway and non-spillway portions and improvements to electrical system at Tungabhadra Dam Right Side.”
5. The petitioner was also a bidder, whose
The court's decision emphasized the importance of evaluating technical qualifications in the tender process and the need to address any mala fides or bias.
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
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