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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Ainul Hoque – Appellant
Versus
Mandeepa Enterprises – Respondent
JUDGMENT :
Prakash Shrivastava, J.
1. This appeal is directed against the order of the learned Single Judge dated 11th November, 2021 whereby WPA No. 17814 of 2021 filed by the respondent No. 1 herein has been disposed of with a direction to the respondent authorities to permit the respondent No. 1 to file a rectified application in consonance with the proforma attached to the notice inviting electronic bid dated 20th October, 2021. Further directing that if such a rectification application is submitted, the respondent authorities will upon due scrutiny, consider the same as valid, subject to compliance with the formalities as appearing from the Notice Inviting Tender (for short ‘NIT’) and its annexures and treat the respondent No. 1’s bid as technically correct thereby entitling him to participate in the tender process.
2. The brief facts in narrow compass are that the Notice Inviting Electronic Bid (for short ‘NIEB’) was floated by the respondent No. 3 for collection of toll tax on Ajay Bridge over river Ajay at Ilambazar in the district of Birbhum dated 08th October, 2021. The parties including the appellant and respondent No. 1 had submitted their bids and the respondent No. 1 was
The judgment emphasizes the importance of complying with tender conditions and the limited scope of judicial review in contractual and commercial matters.
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
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