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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE
Ghosh & Roy Co. – Appellant
Versus
A-One Enterprise – Respondent
| Table of Content |
|---|
| 1. challenge of the judgment and order. (Para 1 , 2) |
| 2. tender conditions related to financial bids. (Para 3) |
| 3. previous writ petitions and related issues. (Para 4 , 5) |
| 4. writ petition outcome regarding grc’s bid. (Para 6 , 7) |
| 5. grc's arguments regarding the cooking gas cost. (Para 8 , 9 , 10 , 11) |
| 6. counterarguments presented by a-one. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. arguments regarding compliance of tender terms. (Para 19 , 20) |
| 8. judicial review scope in tender matters. (Para 21 , 22 , 23) |
| 9. principles governing judicial restraint in contract matters. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 10. conclusion on the procedural compliance. (Para 33 , 34 , 35) |
| 11. assessment of bias and collusion allegations. (Para 36 , 37 , 38 , 39 , 40) |
| 12. final decision on appeal and implications. (Para 41 , 42) |
| 13. order to set aside previous judgment. (Para 43 , 44 , 45) |
JUDGMENT :
Arijit Banerjee, J.
1. A judgment and order dated October 27, 2025, passed by a learned Judge of our Court in WPA 16009 of 2024, being a writ petition filed by the respondent nos. 1 and 2 herein (in short ‘A-One’), is under challenge in this appeal at the instance of the respondent no. 6 in
Judicial review in tender matters requires restraint, emphasizing compliance with the tendering authority’s interpretation unless clear evidence of wrongfulness is established.
The court mandated adherence to tender conditions, emphasizing that procedural violations invalidate selections made via non-compliance with established rules.
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....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
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....
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