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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
HKRP Innovations Ltd. – Appellant
Versus
Oil and natural gas corporation ltd. – Respondent
| Table of Content |
|---|
| 1. challenge to tender award (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's claims of disqualification (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's evaluation and independent monitoring (Para 12 , 13 , 14 , 15 , 16 , 17 , 19 , 20) |
| 4. judicial restraint in contract matters (Para 18 , 21) |
| 5. writ petition dismissed (Para 22) |
ORDER :
A.S. SUPEHIA, J.
1. The petition is filed by the petitioner-HKRP Innovations Ltd., assailing the award of tender to respondent No.2-Dutt Innovation Private Limited by respondent No.1-Oil and Natural Gas Corporation Limited (ONGC).
2. It is informed to us by the respondents that the contract has been awarded on 20.11.2024 and by now, 100% installation of devices is completed by respondent No.2 and measurement and data collection work will be continued for (03) three years and the system is set-up and the reading of the system is already commenced.
3. The brief facts of the case are that : the tender in question was published on 23.01.2024 and the Bid Document suggests that the Bid Date was declared on or before 04.03.2024 at 19:00 hours and the date and time for opening of Bid was scheduled on 04.03.2024 at 19:30 hours. However, the last date was extended ti
The court reaffirmed that judicial review in tender matters is limited to ensuring no arbitrariness or illegality and emphasized the importance of fairness in the bidding process.
The interpretation of eligibility criteria in public tenders is best determined by the tendering authority, and judicial review is limited to preventing arbitrariness or mala fides.
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Judicial review in tender matters is limited to preventing arbitrariness; courts should defer to the authority's interpretation of tender documents unless clear malafides or perversity are present.
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
Courts should exercise restraint in contractual matters, refraining from meddling unless there's clear evidence of arbitrariness or mala fides.
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