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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, CJ, BHARATI DANGRE, J
Mahendra Realtors And Infrastructure Limited – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to tender conditions (Para 1) |
| 2. details of the tender process (Para 4) |
| 3. submission of bids (Para 5 , 6) |
| 4. disqualification of technical bid (Para 7 , 8) |
| 5. petitioner's arguments on transparency (Para 9) |
| 6. eligibility conditions favoring respondent (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 7. court's view on tender process (Para 17) |
| 8. judicial review principles (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 9. decision of the court (Para 31) |
JUDGMENT :
1. In writ petition (L) No.32013 of 2024, the petitioner has challenged the validity of the conditions contained in a tender floated by Maharashtra Film Stage and Cultural Development Corporation Ltd. (hereinafter referred to as the Corporation), in particular, the eligibility conditions contained in paragraph 12F of the tender document. The petitioner has also assailed the action of respondents in declaring bid of the petitioner as technically disqualified. The petitioner also seeks to quash and set aside the impugned order dated 15th October 2024 issued in favour of respondent No.5 and seeks a direction to re-tender the entire work.
3. Both the writ petitions arise out of the same tender
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
The person claiming justice and equity must come with clean hands.
Bidders must comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The court emphasized the importance of adhering to essential tender conditions and minimal judicial interference in matters of government contracts, upholding the Tender Committee's decision to rejec....
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