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AMRITA SINHA
Rishikesh Chem – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Amrita Sinha, J.
1. The matter relates to a tender floated by the Kolkata Municipal Corporation for supply and delivery of liquid chlorine from proven and reputed manufacturer/or their authorized agent.
2. The eligibility criteria for participation in the tender, inter alia, mentions that the intending tenderers should produce credentials of similar nature of completed work of minimum value of 40% of the estimated amount put to tender during five years prior to the date of issue of the tender notice or the intending tenderers should produce credentials of two similar nature of completed work, each of the minimum value of 30% of the estimated amount put to tender during five years prior to the date of issue of the tender notice.
3. According to the tender document, similar nature of work includes supply of any material.
4. The notice inviting tender mentions that the bidder should have valid explosive license at the time of opening of the bid, L1 bidder should submit the authorization certificate from the manufacturer whose material it is going to supply. If the L1 bidder fails to submit the authorization certificate from the manufacturer within seven days, then the earnest mo
The employer must be allowed due leverage in the distribution of state largess, and the relaxation of eligibility criteria can be lawful and permissible if it does not prejudice potential bidders. Ad....
The main legal point established in the judgment is the limitation of judicial review in tender matters, the need for commercial prudence in evaluating tenders, and the importance of fairness and non....
Judicial review of tenders limited to arbitrariness or malafide; eligibility conditions upheld if public interest served with multiple qualified bidders; bid time reduction valid with approval; ineli....
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....
In tender matters, the scope of judicial review is limited by the principle of restraint. Unless terms are proven to be mala fide, arbitrary, or devoid of any rational nexus, courts should defer to t....
Point of Law – The principles that emerge from the above precedents are, the writ court has limited jurisdiction in matters concerning contracts and invitation to bid for contract; Court must adopt r....
Tender notices must clearly define eligibility criteria to ensure fairness and prevent discrimination among bidders, particularly when involving contractors from different states.
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