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HIGH COURT OF BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE SMT. JUSTICE BHARATI DANGRE
Mahendra Realtors And Infrastructure Limited – Appellant
Versus
State of Maharashtra Through The Secretary Department of Forest Cultural Affairs And Fisheries – Respondent
JUDGMENT :
(ALOK ARADHE, CJ.)
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.
2. In writ petition (L) No.32852 of 2024 the petitioner prays for a declaration that order dated 1st October 2024 rejecting the bid of petitioner therein and any actions, orders or steps consequent thereto are unconstitutional, ultra vires, non-est, illegal and bad in law. The petitioner seeks to quash and set aside the impugned order dated 1st October 2024 rejecting the technical bid of the petitioner. The petitioner also seeks direction against the respondents to conduct re-tender and reinstate the petitioner in the tender
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.
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 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 that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
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