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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Khan Bulk Carrier – Appellant
Versus
Hindustan Petroleum Corporation Limited – Respondent
| Table of Content |
|---|
| 1. challenging order regarding tender rejection. (Para 1) |
| 2. arguments on the tender violation. (Para 2 , 3) |
| 3. conclusion and dismissal of appeal. (Para 4 , 5) |
JUDGMENT :
1. This intra-Court appeal is directed against the order dated 3rd April, 2023 passed in WPA 25483 of 2022. The appellants filed the writ petition challenging the rejection of tender with respect to supply of tank trucks to the Hindustan Petroleum Corporation Limited (HPCL). The reason for rejection is on the ground that it is in violation of Clause 2(a) of the tender conditions. The appellants’ case is that initially the respondent/HPCL alleged that the same tank trucks, which were offered by the appellants to participate in the tender, have been offered in another tender which has been floated by HPCL. It is further submitted that subsequently HPCL took a different stand stating that one Sujan Road Lines had offered the same tank trucks for another tender, which, according to the appellants, is inconsistent stand and the appellants’ tender ought not to have been rejected on that ground. The learned Single Bench having found that the same tank trucks cannot be offered for two tenders as it is in viol
The interpretation of tender documents grants the issuer discretion to reject additional requests not explicitly provided for in the tender terms.
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....
petitioners had prayed for revocation of LOA issued to the other bidders without impleading them as party in the petition and without disclosing the particulars and details of the LOA – Hence not mai....
The conflicting requirement for physical submission in a tender process was deemed unenforceable, emphasizing the importance of adhering to statutory rules in tender processes.
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