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2022 Supreme(Gau) 891

SANJAY KUMAR MEDHI
BN Infraprojects LLP – Appellant
Versus
Union of India, Rep. by the General Manager – Respondent


Advocates Appeared:
For the Petitioners:Shri M.K. Choudhury, Sr. Advocate, Shri M. Biswas.
For the Respondents: Shri B. Sharma, SC, NF Railways, Shri G. Goswami, SC, NF Railways.

JUDGMENT :

1. Imposition of conditions in a Notice Inviting Tender or the interpretation thereof are subject matters exclusively within the domain of the owner. Unless the aforesaid conditions are wholly opposed to public policy or are accentuated by malice so as to favour a vested interested party to the exclusion of other bidders, such conditions are not to be interfered with. That is the general interpretation of the law holding the field as held by the Hon’ble Supreme Court in a catena of decisions starting from Tata Cellular Vs. Union of India reported in (1994) 6 SCC 651 and reiterated in the latest cases of Michigan Rubber (India) Ltd. vs. State of Karnataka reported in (2012) 8 SCC 216, Central Coal Fields Limited vs. SLL-SML (Joint Venture Consortium & Ors.) reported in (2016) 8 SCC 622, Caretel Infotech Limited vs. Hindustan Petroleum Corporation Limited & Ors. reported in 2019 (6) SCALE 70 and Silppi Constructions Contractors vs. Union of India and Anr. reported in (2019) SCC Online 1133.

2. With that backdrop, the present issue is required to be examined. In fact a common issue has arisen in these three writ petitions which were taken up for an analogous hearing and being

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