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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Airport Authority of India – Appellant
Versus
Masti Health & Beauty Private Limited – Respondent
JUDGMENT :
PRAKASH SHRIVASTAVA, C.J.
1. This intra-court appeal is at the instance of the Airport Authority of India (respondent in the writ petition) challenging the order of the learned Single Judge dated 21.07.2022 passed in WPA 16011 of 2022.
2. So far as CAN 2 of 2022, an application under Order 41 Rule 27 of the CPC filed by the appellant is concerned, a perusal thereof reveals that the appellant has placed on record the documents which were already part of the record in the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 between the parties in Misc. Case No. 2 of 2022. Before the learned Single Judge no affidavits were exchanged, therefore, appellant did not have appropriate opportunity to place these documents on record. Authenticity of these documents has not been disputed. We also find that these documents are relevant for the purpose of deciding the controversy involved in this appeal. Hence, CAN 2 of 2022 is allowed.
3. Learned Counsel for the parties have already advanced argument on merit in the appeal referring to the documents placed on record with CAN 2 of 2022 and the appeal has been heard finally with consent.
4. The respondent No. 1 herein (
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....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
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