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MOUSHUMI BHATTACHARYA
Hindustan Petroleum Corporation Limited – Appellant
Versus
Ghosh Oil Movers – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The application of Review arises out of an order passed by this Court on 23rd November, 2022 in WPA 24254 of 2022 which sought for quashing of the respondents’ decision to reject the petitioners’ bid. By the order under review, the Court directed quashing of the rejection of the petitioners’ bid as communicated to the petitioners on 15th November, 2022 and the writ petition was disposed of on that basis.
2. The review applicant seeks review of the order primarily on the ground of a subsequent judgment and order passed by this Court on 2nd March, 2023 in WPA 24259/ 2022 (M/s. Moumita Logistics & Anr. Vs. Hindustan Petroleum Corporation Ltd. Ors.) and a related writ petition being WPA 24265 of 2022 (Ajit Kumar Murmu Vs. Hindustan Petroleum Corporation Ltd. Ors.). By the judgment and order dated 2nd March, 2023, both the writ petitions were dismissed on the facts of the case and particularly on Clause 3 of the Tender Notice dated 13th January, 2022.
3. The brief facts which are relevant for the decision on the present application are that the respondents (writ petitioners) participated in a tender floated by the review applicants HPCL (respondents i
The main legal point established is the Court's consideration of new and important matter as a ground for review, the application of Order XLVII Rule 1 of the CPC, and the interpretation of tender te....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Judicial review in tender matters is narrowly circumscribed. A court should only interfere if the procuring authority's action is arbitrary, irrational, or malafide. Mandatory tender conditions must ....
The judgment emphasizes the parameters for judicial review in contractual matters and the factors that make an impugned order subject to interference.
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