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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
J Kumar Infraprojects Limited – Appellant
Versus
National High Speed Rail Corporation (Nhsrcl) – Respondent
JUDGMENT
1. Vide the instant Writ Petition, the Petitioner herein seeks to quash the communication dated 27.12.2022 issued by the Respondent herein by which the Respondent had cancelled the Petitioner's bid in the last stage of the bid evaluation process. The Petitioner also claims for an appropriate writ/direction/order directing the Respondent herein to consider the Bid Documents submitted by the Petitioner.
2. On 21.07.2022, Respondent herein issued invitation for bids for International Competitive Bidding for the Work of Design and Construction of Civil and Buildings Works, including Testing and Commissioning on Design-Build Lump Sum Price basis for Double Line High Speed Railway for Mumbai Underground Station Cut & Cover Tunnel and Shaft-1 from MAHSR Km -- 0.255 to Km. 0.775 at Bandra-Kurla Complex in the State of Maharashtra for the Construction of Mumbai-Ahmedabad High Speed Rail Package No.MAHSR-C-1.
3. It is stated that as per the tender document, the Petitioner herein executed a Non-Disclosure Obligation Agreement (hereinafter referred to as `the NDA') and uploaded the same on the e-procurement portal of NIC on 26.07.2022. It is stated that the Respondent herein, after
The main legal point established in the judgment is the interpretation and application of Clause 28.1 and Clause 42.5 of the Instructions to Bidders in the context of bid rejection and the rights of ....
Disclosure of reasons for tender bid rejection is only required after the award of the tender, upholding confidentiality in the evaluation process.
The interpretation of tender criteria by the awarding authority is presumed reasonable unless proven arbitrary or in bad faith, validating their discretion in evaluations.
Judicial review in tender matters is limited to assessing arbitrariness, irrationality, or mala fides; decisions should reflect fair competition and not accommodate late submissions of corrected bids....
Clause 7.1 of RFP reads as under: Information relating to evaluation of proposals and recommendations concerning contract award shall not be disclosed to consultants who submitted proposals or to oth....
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