Back
ARUP KUMAR GOSWAMI, SANJAY AGRAWAL
Sai Construction (Partnership Firm) – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Arup Kumar Goswami, J
Heard Mr. Manoj Paranjpe, learned counsel for the petitioner. Also heard Mr. Raghvendra Pradhan, learned Additional Advocate General, appearing for the respondents.
2. The respondent No. 4 issued a Percentage Rate Basis Notice Inviting Tender (for short, the NIT) inviting bids for construction of Mangla Bhainsajhar Road to Dindayal Colony Lokhandi Railway Phatak two lane road, length of which is 3.52 km. The estimated cost was valued at Rs.517.12 lacs.
3. The petitioner, which is a registered 'A' category contractor, participated in the aforesaid NIT along with others. Bid was opened on 17.11.2021 and on such opening, the petitioner emerged as the 'L-1' bidder. The respondent No. 2 issued an order of approval for issuance of Letter of Acceptance (LoA) on 03.12.2021 to the respondent No. 4.
4. The cause of action for approaching this Court by the petitioner under Article 226 of the Constitution of India had arisen in view of the letter dated 30.12.2021 issued by the respondent No. 4, wherein it was stated that the petitioner's bid, which is 20% below the estimated rate, was accepted by a letter dated 07.12.2021, but as the petitioner had failed to execute th
Successful bidders must comply with contractual obligations promptly, knowledge and acknowledgment of communications affect enforceability of tender agreements.
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
The cancellation of a Letter of Acceptance due to an 8-day delay in performance security submission was deemed unreasonable, emphasizing the need for fairness in public contract processes.
Compliance with work order conditions and directions is essential for upholding a procurement process. Failure to adhere to the conditions may lead to the forfeiture of earnest money and cancellation....
Tender conditions prohibiting the modification or withdrawal of bids after submission are strictly binding. A unilateral clerical error by a bidder does not entitle them to equitable relief or the re....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
