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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Best Buildwell Pvt. Ltd. – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. petition filed to challenge bid rejection. (Para 1 , 2 , 3) |
| 2. details of bid processes and evaluations. (Para 4 , 5 , 6) |
| 3. arguments on unequal treatment of bidders. (Para 8 , 9 , 10 , 11) |
| 4. court's views on judicial restraint in contract evaluations. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. determination of unfair treatment of the petitioner. (Para 22 , 23 , 24) |
| 6. court orders fresh submission of documents. (Para 25 , 26) |
JUDGMENT
Subramonium Prasad, J. Being agrieved by the Order/Minutes of Meeting dated 10.03.2022 whereby the Technical Evaluation Committee of the Respondent herein refused to scrutinize and consider technical bid of the Petitioner which had been submitted in response to the Notice Inviting Tender (NIT) No.05/EE (Spl. Project)/AB/2021-2022 issued by the Office of the Executive Engineer (Special Project), Civil Engineering Department of the Respondent, the instant petition has been filed by the Petitioner.
2. The instant petition has been filed with a prayer to issue an appropriate writ, order or direction for setting aside the Order/Minutes of Meeting dated 10.03.2022 by which the Technical Evaluation Committee of the Respondent has refused to cons
Judicial restraint is paramount in administrative contract disputes, with equal opportunity granted to bidders for document rectification to avoid discrimination.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
The main legal point established in the judgment is the court's authority to intervene in the tender process if it is found to be contrary to the principles of equality and non-arbitrariness as enshr....
A contractor's bid can be rejected if their registration is invalid at the time of submission, as compliance with legal and procedural requirements in tender evaluation is mandatory.
It is settled principle of law that Courts should ordinarily not interfere in matters of tenders unless substantial public interest is involved or the transaction is mala-fide.
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