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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., GAUTAM A. ANKHAD
C 4 Infrastructure Pvt. Ltd – Appellant
Versus
Maharashtra State Road Transport Corporation, Nashik Division – Respondent
JUDGMENT :
SHREE CHANDRASHEKHAR, CJ.
Writ Petition No. 10052 of 2024 has been filed by M/s. C 4 Infrastructures Pvt. Ltd. (in short, the petitioner-Company) which is a company registered under the Companies Act, 2013 and engaged in executing the government infrastructure projects.
2. The petitioner-Company seeks to challenge the bid opening summary dated 5th July 2024. The grievance of the petitioner- Company is that the bid submitted by it was rejected on technical ground and M/s. R. K. Infraconstro Pvt. Ltd. has been illegally declared successful bidder. A consequential prayer made by the petitioner-Company is for a direction to the tendering Authority to accept its bid for e-Tender Notice No.10/2023-24 published on 6th February 2024 on the official website portal of the Maharashtra State Road Transport Corporation, Nashik Division (in short, MSRTC).
3. On 23rd July 2024, the following order was passed in this writ petition :-
“1. On the oral prayer made by the learned counsel for petitioner, let the Principal Secretary (I.T.) be impleaded and as party-respondent No.6.
2. Necessary amendment shall be incorporated by the learned counsel for the petitioner during the course of the day.
3.
Judicial review of tender decisions is limited; compliance with stipulated conditions is mandatory, and non-compliance justifies rejection.
Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
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 limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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