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A. A. SAYED, ABHAY AHUJA
Kohli Advertising (OPC) Private Limited Through Director Ekamsingh Kohli – Appellant
Versus
Pimpri Chinchwad Municipal Corporation – Respondent
JUDGMENT
Abhay Ahuja, J. - The petitioners in these two petitions are challenging the order dated 8th January 2022 by which the Commissioner, Pimpri-Chinchwad Municipal Corporation has cancelled two E Tender notices viz. E-Tender notice no. 1/1 to 138/2019-20 and E-Tender notice no. 4/1 to 185/201819 allowing the bidders refund of EMD and FDR.
2. The Respondent Corporation had issued the two E-tender notices and invited bids with respect to publication of advertisement by way of sky signs at various sites within its limit. The two petitioners had put in 14 bids respectively and were also selected as the highest bidders in respect each of the 14 bids. Thereafter, they were required to submit security deposits in the form of FDRs as well as submit affidavits and agreements.
3. Mr Kothari, learned counsel for petitioners would submit that Petitioners had submitted the documents including the affidavits as well as the security deposits by way of FDRs in time and had also kept the agreements ready for sealing and that there has been no delay on their part, which is disputed by the Respondent Corporation. He further submits that it is in view of the Anti-Corruption Bureau action leading to
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
A public authority's decision to cancel a tender must be reasoned and not arbitrary; failure to provide justifications exposes such decisions to judicial scrutiny.
The validity of administrative decisions must be judged on the basis of reasons existing on record, and the authority cannot provide new/additional reasons when the Court calls for them as they must ....
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
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