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MOUSHUMI BHATTACHARYA
Sandip Kuila – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT :
1. The petitioner seeks setting aside of a contract awarded by the respondent no. 1 Indian Oil Corporation Limited (IOCL) to the private respondents on 30th June, 2022 and the letter of acceptance of the private respondents (5 – 44) dated 2nd July, 2022. The ground of seeking cancellation is that the IOCL has used the tender conditions to the prejudice of the petitioner and has modified the same in favour of the private respondents.
2. Learned counsel appearing for the petitioner submits that IOCL failed to adhere to the tender conditions as well as the provisions of The Motor Vehicles Act, 1988 and The Central Motor Vehicles Rules, 1989. Counsel submits that IOCL has also failed to apply the tender conditions uniformly for all the bidders and has shifted the goal-post after start of the game by selective interpretation of the tender conditions to the detriment of the petitioner.
3. Learned counsel appearing for the IOCL refers to two decisions of the Supreme Court upholding interpretation of the tender document by the authority which floated the tender. Counsel refers to the limited scope of judicial review in tender matters. Counsel submits that the documents submitted
The court upheld the authority's discretion in setting tender conditions, emphasizing that judicial review should not interfere unless there is clear evidence of malafide or irrationality.
The deference to the understanding and appreciation of tender documents by the tendering authority unless there is malafide or perversity.
The main legal point established in the judgment is the implied power of the authority conducting the tender process to modify or relax tender terms in extraordinary situations, ensuring fair and rea....
The main legal point established in the judgment is the limited scope of judicial review in tender conditions, emphasizing the authority of the tendering entity to interpret and appreciate its requir....
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....
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