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S. V. GANGAPURWALA, MADHAV J. JAMDAR
TATA Motors Ltd. – Appellant
Versus
The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) – Respondent
JUDGMENT :
S.V. GANGAPURWALA, J.
1. Respondent No.1 Brihan Mumbai Electricity Supply and Transport Undertaking (hereinafter referred to as the “BEST”) is engaged in service activity of public passenger transport covering areas in the City of Mumbai and its extended suburbs. On 26th February 2022 Respondent No.1 issued e-tender notice inviting twobid e-tender for operation of Stage Carriage Services for public transport of 1400 (+ 50% variation) Single Decker AC Electric buses with driver
2. In response to the said tender, eight parties including the Petitioner and Respondent No.2 submitted their technical and financial bid. The technical bid of five tenderers including Petitioner No.1 were rejected. Three bidders, including Respondent No.2 were held responsive. Respondent No.2 is awarded the contract pursuant to the said tender. The technical bid of Petitioner No.1 is rejected. Aggrieved by the rejection of the technical bid, the Petitioner filed the instant Writ Petition. During pendency of the Writ Petition, Respondent No.2 is issued with the contract. The Petitioner has also assailed the same.
3. Dr.Abhishek Singhvi, learned Senior Advocate appearing for the Petitioner, during the c
(1) Evaluations of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters.(2) Power of judicial review ....
Tender - Tender process - Evaluating tenders and awarding contracts are essentially commercial transactions/ contracts. If decision relating to award of contract is in public interest, Courts will no....
Strict adherence to tender requirements is essential, and deviations or errors in bid submissions cannot be rectified post-submission.
The court emphasized the importance of complying with tender qualification criteria and upheld the authority of the evaluation committee in assessing bid documents.
Judicial review of tender processes is limited to ensuring fairness and transparency. Tendering authorities may correct inadvertent errors in technical evaluations during the stipulated process windo....
The interpretation of tender conditions by the respondents is binding, and the petitioner's acceptance of the terms and conditions with full knowledge precludes subsequent challenges.
Contract Work of providing cleaning and sanitation services was awarded to it. By putting in such a condition, the petitioner had sought to alter/modify the condition set forth in the invitation made....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
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