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N. V. ANJARIA, KRISHNA S. DIXIT
Larsen And Toubro Limited – Appellant
Versus
Karnataka Power Corporation Limited – Respondent
JUDGMENT :
(N.V. Anjaria, C.J.)
Whether an intending bidder could ask and insist that he should be allowed a particular timeline to submit his bid; whether in the facts and circumstances of the case, the appellant-bidder could have any right to call in question the condition in the tender regarding the time period within which the bid-offer was required to be submitted; whether there exists in law any right such as right to bid in particular way and whether the condition in the tender prescribing the time period for submission of the bid would fall within the breath of judicial review by the court - are few of the questions of the kind and nature, that have arisen for consideration in this appeal.
The Challenge
2. Preferred under Section 4 of Karnataka High Court Act, 1961 by the original petitioner, the challenge in this writ appeal is addressed to the judgment and order dated 6th March 2024 of learned Single Judge whereby the petition came to be dismissed, and the Tender Inviting Authority was permitted to take the tender to its logical conclusion.
2.1. In the writ petition filed by the appellant-petitioner under Article 226 of the Constitution, it was prayed to declare that the
The court affirmed that a tendering authority's timeline for bid submission is not subject to judicial scrutiny unless proven arbitrary, and a non-participating bidder lacks standing to challenge ten....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
The main legal point established is that technical errors in bid submission do not warrant interference in the tender process, especially when it may delay the implementation of a public project.
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....
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
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