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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
Nitin Laxmidas Dama – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. The Petitioner has filed the present petition invoking jurisdiction of this Court under Article 226 of the Constitution of India seeking declaration of ineligibility of Respondent No.6 in the tender process initiated by Respondent Nos.1 to 5 for allotment of warehouses on lease for a period of 30 years. Petitioner has also sought writ of mandamus for consideration of its bid for allotment of seven warehouses which have been allotted to Respondent No.6.
2. Brief facts leading to filing of the present petition are as under :-
Respondent Nos.1 to 5 floated tender vide Notice dated 24 July 2024 for grant of lease in respect of 16 warehouses and one Central Store Office for a tenure of thirty years. The tender notice stipulated eligibility criteria, inter-alia pertaining to turnover and net worth of the bidders. The tender notice required the bidders to have annual financial turnover exceeding Rs. 50,00,000/- and in the event of the bidder bidding for more than one warehouse, the bidder was required to satisfy eligibility of annual financial turnover exceeding Rs.50,00,000/- for each warehouse. Similarly, the tender notice prescribed eligibility criteria
The eligibility of a partnership firm in tender processes can be established through the financial credentials of its individual partners, affirming courts' limited interference in administrative dec....
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
Experience from a partner in a proprietary firm can be counted towards the eligibility of a Limited Liability Partnership in tender evaluations.
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
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