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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Akash Construction – Appellant
Versus
S. B. Construction and Co. – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Two appeals have been heard analogously as they relate to the same tender bid Electronic Notice Inviting Tender No. 12/2023-2024 dated July 24, 2023 in relation to the work namely, Bolpur-Kankalitala Road from 0.00 Km. to 7.90 Km and Kankalitala-Lavpur road from 0.00 Km to 15.40 Km, widening and strengthening work under Bolpur Highway Division No. II in the district of Birbhum.
2. FMA 140 of 2024 has been filed by the appellant against the judgement and order dated November 20, 2023 passed by the learned Single Judge in WPA No. 23205 of 2023. Appellant has filed MAT 315 of 2024 against the order dated January 10, 2024 passed in WPA No. 26716 of 2023.
3. By the two impugned orders, learned Single Judge has set aside the disqualification of tenderers at the technical bid stage and directed the tender authorities to proceed with the tender by treating the two writ petitioners being S.B. Construction Company and Stone Concern Infrastructure Development Pvt Ltd as technically qualified.
4. Learned Senior Advocate appearing for the appellants has submitted that, the appellants participated in a tender being Electronic Notice Inviting Tender No. 12/2023/2024 da
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
The judgment emphasizes the importance of complying with tender conditions and the limited scope of judicial review in contractual and commercial matters.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
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