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MANISH CHOUDHURY
Technip Energies India Ltd. [Formerly Technip India Limited], through its authorized representative, Prashant Sharma, S/o. Brij Mohan Sharma – Appellant
Versus
Union of India through Ministry of Petroleum and Natural Gas – Respondent
JUDGMENT :
By a Notice Inviting Tender [NIT] bearing no. TK-1P25A-MP-RFQ-0034 dated 25.10.2022, the respondent no. 3, M/s Tyssenkrupp Industrial Solutions [India] Private Limited as the Engineering Procurement & Construction Management [EPCM] Consultant on behalf of the respondent no. 2, that is, M/s Numaligarh Refinery Limited [hereinafter referred to as ‘the Tendering Authority’ or ‘Tendering Authority’ or ‘the NRL’, at places, for the sake of easy reference] invited e-Bids from eligible bidders through the website : http://eprocure.gov.in/eprocure/app for execution of a contract-work :- ‘Supply of Reactor & Regenerator [RXRG] Package for PFCC Unit as per Technical Specifications for Numaligarh Refinery Limited, Assam, India’ [‘the Contract-Work’, for short]. As per the NIT, the competitive bidding process was on Open Global Tender basis under single stage two-bid system [Part–1 : Techno-Commercial Bid (Unpriced Bid) and Part–2 : Price Bid] from competent bidders with sound technical and financial capabilities fulfilling the Bidder Qualification Criteria [BQC], as stated in the Bidding Documents. As per the NIT, the time schedule for completion of the Contract-Work is thirty-two
Power of judicial review can be invoked if approach adopted is found to be arbitrary or mala fide or if procedure adopted is meant to favour one.
The rejection of a bid in a government tender must be in accordance with the tender conditions, and any deviation from the specified format, such as password protection, can lead to justified rejecti....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The court upheld the principle of judicial restraint in administrative action and emphasized the need for the State to act within the bounds of reasonableness in tender matters.
Judicial review of tender processes adheres to principles of reasonableness, emphasizing the authority's discretion in evaluating bids and prioritizing public interest over individual complaints.
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