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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Stahl Cranesystems India P. Ltd. – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. details of the writ petitions and tender process (Para 1 , 2 , 3) |
| 2. criteria for judicial review in tender cases (Para 5 , 11) |
| 3. interference allowed only in cases of mala fide acts (Para 6 , 12 , 15 , 16) |
| 4. authority discretion in contractual matters (Para 13 , 17) |
| 5. court's ruling and dismissal of writ petitions (Para 18 , 20) |
JUDGMENT
Satish Chandra Sharma, C.J. The instant Writ Petitions have been filed by the Petitioner under Article 226 read with Article 227 of the Constitution of India, being aggrieved by the rejection of its bids submitted against the notices inviting tenders, being Tender No. DMRCMNPSDO4 dated 25.02.2021 (hereinafter, "Tender 1") and Tender No.DMRCMNPAJDX01 dated 06.04.2021 (hereinafter, "Tender 2") (collectively referred to as "Tenders") issued by the Delhi Metro Rail Corporation Ltd. (hereinafter, "Respondent No. 1") for procurement and maintenance of Automatic Synchronized Pit Jack (8-Car Lifting) for Shastri Nagar and Najafgarh Depots and the Ajronda Depot respectively. By means of the instant Writ Petitions, the Petitioner has sought the following reliefs:
i. Issuance of a prerogative Writ of Certiorari or any other writ or order or
Judicial review in tendering processes is limited; courts only interfere in cases of mala fides, arbitrariness, or if decisions are perverse.
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....
Judicial review of tender decisions is limited to instances of mala fides or arbitrary actions; a tendering authority's judgment on technical specifications is paramount unless proven fundamentally f....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
Point of Law- Court in all the aforesaid decisions has cautioned time and again that courts should exercise a lot of restraint while exercising their powers of judicial review in contractual or comme....
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
The main legal point established in the judgment is the need for free play in the joints by the authorities and the interest of public service. The court emphasized the importance of minimal interfer....
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