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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, CJ., TUSHAR RAO GEDELA
Morphing Innovations OPC Pvt Ltd – Appellant
Versus
National Highways And Infrastructure Development Corporation Limited (NHIDCL) – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
1. Present writ petition has been filed under Article 226 of the Constitution of India, 1950 seeking setting aside of annulment notice dated 08.07.2025 issued by the respondent no.1/National Highways and Infrastructure Development Corporation Limited (hereinafter referred to as ‘NHIDCL’) in respect of the tender bearing no. NHIDCL/RO/A&N/Package-IIIB/US/2nd/FY24-25/06 dated 02.04.2025. The petitioner also seeks direction to the respondents to reconsider the petitioner's case that led to the delay in submission of the Performance Security and further direct respondent no. 1/NHIDCL to allow the petitioner to work on the same bid on the actual estimate given by the Electricity Department in place of the wrong estimate attached by the respondent no. 1/NHIDCL.
2. Brief facts as culled out from the petition are as under:
a) The respondent no. 1/NHIDCL had issued the Notice Inviting Tender (NIT) in April, 2025 with regard to works of “Shifting of 33 kV and 11 kV electrical utilities and the construction of power lines along NH-4 from Km155.00 to Km181.00 (from the end of Jarawa to Rangat) in the Baratang and Rangat feeder areas of Middle Andaman, in the Union
The discretion to grant extensions for Performance Security submission in tender processes lies with the managing authority; delays justify annulment.
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.
The cancellation of a Letter of Acceptance due to an 8-day delay in performance security submission was deemed unreasonable, emphasizing the need for fairness in public contract processes.
Successful bidders must comply with contractual obligations promptly, knowledge and acknowledgment of communications affect enforceability of tender agreements.
(1) Constitutional courts must defer appreciation of tender documents by employer unless there is mala fide or perversity in understanding or appreciation.(2) Tendering authority cannot be expected t....
The main legal point established in the judgment is the importance of adhering to the terms and conditions of the tender notice in commercial transactions, and the court's interpretation of the Gener....
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