SANJAY KUMAR MEDHI
BN Infraprojects LLP – Appellant
Versus
Union of India, Rep. by the General Manager – Respondent
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
Tata Cellular Vs. Union of India
Michigan Rubber (India) Ltd. vs. State of Karnataka
Central Coal Fields Limited vs. SLL-SML (Joint Venture Consortium & Ors.)
Caretel Infotech Limited vs. Hindustan Petroleum Corporation Limited & Ors.
Satya Jain vs. Anis Ahmed Rushdie & Ors.
Central Inland water transport Ltd vs. Brojo Nath Ganguly
Mahavir Auto Stores & Ors. vs. Indian Oil Corporation & Ors.
LIC of India & Anr. vs. Consumer Education & Research Centre
Balmer Lawrie & Company Ltd & Ors. vs. Partha Sarathi Sen Roy & Ors.
Ashok Transport Agency vs. Awadhesh Kumar
M/s N.G. Projects Ltd. vs. M/s Vinod Kumar Jain
The Bharat Coking Coal Ltd. & Ors. vs. AMR Dev Prabha & Ors.
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