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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ )
Damodar Valley Corporation – Appellant
Versus
Bla Projects Private Limited – Respondent
JUDGMENT
Rajarshi Bharadwaj, J. - By this appeal, the correctness of the judgement of the Learned Single Judge dated 02.12.2022 passed in W.P.A. No 23775 of 2022 (BLA Project Private Limited-versus-Damodar Valley Corporation & Ors.) has been questioned by the appellant/respondent No.1.
2. The facts of the case in a nutshell are that the appellant No. 1 herein the Damodar Valley Corporation (hereinafter referred to as 'DVC') had floated a notice inviting tender (hereinafter referred to as 'NIT') No. DVC/Tender/Head Quarter/Fuel/CMM/Works and Service/00020 dated 08.09.2022 for the work of lifting coal from collieries in Talcher, Odisha and supplying to the thermal plants in RCR mode. The NIT required the intending bidders to upload Envelope 1 containing hardcopy of the documents, Envelope 2, being the Technical Bid and Envelope 3 being the Financial Bid online by 19.09.2022. Seven intending bidders participated in the tender and submitted their bids and the writ petitioner herein i.e. respondent No.1 in the instant appeal being one of them. The writ petitioner/respondent No.1 submitted Envelope 1, Envelope 2 and Envelope 3 on 16.09.2022 and duly submitted a bank guarantee in lieu of ea
The disqualification of a bidder for violating the Integrity Pact is valid even if the transgression occurred more than three years prior to the tender, and the mere pendency of a criminal case canno....
The court upheld the validity of the tendering authority's interpretation of the Integrity Pact, emphasizing that judicial review should not interfere in commercial transactions unless clear arbitrar....
The time limit prescribed in Section 5 of the Tender Conditions, which required the bidder to declare any previous transgression occurred in the last 3 years with any other company in the country or ....
The court upheld the banning order based on the violation of the Integrity Pact and directed the refund of forfeited Security Deposit/Earnest Money Deposits, emphasizing the importance of adhering to....
The court established that disclosure of past corruption cases is limited to three years prior to the tender process, affirming the integrity of the tendering authority's decision.
Point of Law : It is a settled and well established principle of law that in contractual matters, unless there exists public element, patent perversity or mala fides, invocation of jurisdiction of th....
Judicial review of tender decisions is limited; rejection is valid if submission criteria outlined in the NIT are not met, such as the requirement for a complete Integrity Pact.
The employer has discretion to disqualify a bidder based on relevant information, and the end result of pricing differences may not warrant interference in bid rejections.
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