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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
T.M.K. Engineering – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. procedural introduction and hearing of the case. (Para 1 , 2) |
| 2. limitations on judicial interference in contracts. (Para 3 , 4) |
| 3. petitioner improving original case but lacking basis. (Para 5 , 10) |
| 4. evidence of procedural compliance with bid requirements. (Para 6 , 8 , 12 , 15) |
| 5. judicial restraint in commercial matters emphasized. (Para 16 , 19) |
| 6. rejection of petition due to inadequate justification. (Para 20 , 21) |
| 7. final ruling and imposition of costs. (Para 22 , 23) |
ORDER :
A.S. SUPEHIA, J.
1. In the first session, when the matter was taken up for hearing and it was pointed out to the learned advocate Mr.Rajeshkumar S. Mishra, appearing for the petitioner, that the prayers made in the writ petition have become infructuous since the post-opening of Price Bid of the tender on 21.05.2025, the process of Reverse Auction was already conducted between 22.05.2025 at 4:00 p.m. to 23.05.2025 at 4:00 p.m, and after the completion of the Reverse Auction process and due approval of the recommendation by the Tender Committee of IOCL, the subject Tender has been awarded to three technically and financially qualified bidders and GeM contracts have been issued in their favour
Courts should exercise restraint in contractual matters, refraining from meddling unless there's clear evidence of arbitrariness or mala fides.
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.
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 judgment emphasizes the limited scope of judicial review in contractual matters and the importance of fair play in the decision-making process. It highlights the freedom of the respondents to awa....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized ....
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