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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDER KUMAR UPADHYAY, TUSHAR RAO GEDELA
Ceigall India Limited – Appellant
Versus
National Highway Authority Of India – Respondent
| Table of Content |
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| 1. petition challenging bid disqualification and security forfeiture. (Para 1) |
JUDGMENT :
1. Present petition has been filed under
2. It is the case of the petitioner that the NHAI floated a Request for Proposal (hereinafter referred to as “RFP”) dated 26.09.2024 for the development, operation, maintenance and construction of
Courts may mitigate penalties for inadvertent bidding errors, emphasizing fairness in tender processes.
Mistake – A mistake may be unilateral or mutual, but it is always unintentional – If it is intentional, it ceases to be a mistake – Mistakes, including by authorities, should be resolved through corr....
E-auction – Mistake in bid – While undertaking exercise of judicial review of matters relating to tenders, court has to strike a fair balance between interests of Government, which is always expected....
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
Forfeiture of bid security must be explicitly stipulated in the contract terms, and failure to bid higher does not equate to withdrawal from the bidding process.
The action of forfeiture was clearly ultra vires, manifestly arbitrary and thus cannot be sustained.
The sanctity of the offer made by the tenderer must be respected, and once a bid has been submitted pursuant to a tender, it has to be the price which the tendering authority is bound to consider whi....
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