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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Kalinga Commercial Corporation Ltd. – Appellant
Versus
Steel Authority of India – Respondent
JUDGMENT
1. Aggrieved by the action of the Steel Authority of India (Respondent/SAIL) in rejecting the Petitioner's bid in respect of a tender bearing NIT No. RSP/ROU/PROJ/NIT/TIM/22-23/03 dated 02.07.2022 (hereinafter referred to as Impugned Tender) by way of a letter dated 10.05.2023 (hereinafter referred to as Impugned Letter), the Petitioner has filed the instant writ petition challenging the decision taken vide the said letter.
2. Shorn of details, the brief facts leading to the filing of instant writ petition are as under:
i. The Respondent floated the Impugned Tender on 02.07.2022 for engagement of Mine Developer-cum-Operator (MDO) for Development & Operation of Mines at Taldih (7.0 Mtpa ROM feed) along with installation of 10 Mtpa Loading facility at Barsua Valley.
ii. It is stated that the Petitioner submitted its techno-commercial bid in lieu of the Impugned Tender on 12.09.2022.
iii. On 19.02.2023, the Respondent informed the Petitioner that it was in the process of evaluating offers for the Tender and provided its observations on the offer made by the Petitioner. The Petitioner replied to the said e-mail confirming and accepting the observations made by the Respondent an
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The court affirmed that the interpretation of 'Net Worth' in tender documents rests with the author, emphasizing the necessity for clarity in bid evaluations and limiting judicial intervention unless....
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 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....
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