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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
KEC International Limited – Appellant
Versus
Western Railways, – Respondent
JUDGMENT
1. The instant writ petition has been filed under Article 226 of the Constitution of India, 1950, seeking the quashing of the process of re-opening of Financial Bids as indicated in communication dated 06.10.2022 pertaining to Request for Proposal for Bid/Package No. RTM-NRD-DyCE-C-EPC-02 dated 30.03.2022 [revised on 09.06.2022]. The writ petition further prays for directions to the Respondents to act in terms of the RFP and rely on the results of the Financial Bid which have already been declared, and therefore, declare the `Selected Bidder..
2. The facts, in brief, leading to the instant petition have been stated to be as under:
a) On 09.06.2022, the Respondent No.1, i.e. Western Railways, floated a Request for Proposal for "Engineering, Procurement and Construction (EPC) Tender for Civil Engineering Works of Doubling of Track in Mid-Sections between Dalauda (305.15 kms) to Ratlam (374.46 kms) Stations of Ratlam Division of Western Railway in connection with Nimach - Ratlam Doubling Project". The last date for submission of bids was 25.07.2022 and the estimated cost of project is Rs.260.88 crores.
b) Clause 1.2.1 of the RFP notes that single stage two packet system is to
The scope of judicial review in contractual matters is severely limited, and in the field of public works, due deference must be given to the decisions of the State as the activities that are underta....
The interpretation of eligibility criteria in public tenders is best determined by the tendering authority, and judicial review is limited to preventing arbitrariness or mala fides.
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....
The court emphasized the need for judicial restraint in interfering with tender processes, especially in matters involving technical issues, and highlighted the limitations of the court's expertise i....
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....
A company is not required to disclose ongoing commitments of its directors that have not been officially transferred to it, as it constitutes a separate legal entity.
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