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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Anik Industries Ltd. – Appellant
Versus
Maharashtra Airport Development Company Ltd. – Respondent
| Table of Content |
|---|
| 1. tender process for land allotment (Para 2 , 3 , 4) |
| 2. petitioner's bid rejection challenges (Para 6 , 8 , 9) |
| 3. arguments regarding criteria compliance and bid evaluation. (Para 7 , 10 , 11) |
| 4. evaluation and criteria for technical qualification (Para 12 , 14 , 17 , 18 , 20) |
| 5. court's admissions on tender procedure validity. (Para 13) |
| 6. legal status of disqualified bid evaluation. (Para 15 , 16) |
| 7. mandatory requirements of bidding process (Para 19 , 21 , 22 , 24 , 28) |
| 8. mandatory requirements in bidding processes. (Para 23 , 25 , 26 , 27 , 29) |
| 9. final decision on technical qualifications and bid acceptance (Para 30 , 34 , 36) |
| 10. final ruling on the absence of judicial interference. (Para 31 , 32 , 33 , 35) |
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the petition is taken up for hearing and final disposal.
2. The Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the action of Respondent Nos.1 and 2 in rejecting its technical bid in the tender process initiated for allotment of lease of plot of land. Petitioner has sought de
Tendering authority's strict criteria for document submission and interpretation must be adhered to, as non-compliance warrants disqualification, thus upholding the tendering process's integrity.
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....
The court emphasized the importance of complying with tender qualification criteria and upheld the authority of the evaluation committee in assessing bid documents.
The powers of the Writ Court under Article 226 of the Constitution of India are not to carry out the process of re-valuation of the marks granted by experts after considering various technical aspect....
Tender authorities have broad discretion in evaluating bids, and a failure to comply with mandatory document submission requirements justifies disqualification unless clear malice is shown.
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