Back
KALYAN RAI SURANA
JLD Construction Private Limited – Appellant
Versus
Union of India Rep. by Ministry of Power, New Delhi – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. M.K. Das, learned counsel for the appellant. Also heard Mr. P.K. Tiwari, learned senior counsel, assisted by Mr. A.R. Gogoi, learned counsel for respondent nos. 2 to 5. None appears on call for the respondent nos. 1 and 6.
Case of the petitioner:
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction to cancel/revoke/rescind/set aside (i) the “Tender Evaluation Committee” (TEC for short) Report dated 10.12.2022, and (ii) the work order dated 28.12.2022, issued by the authorities of NHPC Ltd. in favour of respondent no. 6 in respect of the tender titled “River Bank Protection/Erosion Control Measures on the Left Bank of River Subansiri adjacent to Village Gerki-2 (RD 29KM-30KM)” bearing tender ID: 2022-NHPC-705866-1. The petitioner has also prayed for declaring the bid of the petitioner to be the only responsive bid and to direct the respondent authorities to allot the work to the petitioner in respect of NIT dated 05.08.2022.
3. In brief, the case of the petitioner is that being qualified, it had participated in the here
The court upheld the decision of the respondent NHPCL, concluding that the NHPCL was within its rights to seek clarifications from the bidders as per the terms of the clauses and the manual.
Tender - Eligible for participating and opening of price bid in tender proceeding - Respondent-State acted in extending undue favour to respondent No.6, which made the decision making process to be e....
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
The main legal point established in the judgment is the court's authority to intervene in the tender process if it is found to be contrary to the principles of equality and non-arbitrariness as enshr....
Judicial restraint is paramount in administrative contract disputes, with equal opportunity granted to bidders for document rectification to avoid discrimination.
The court emphasized the importance of adhering to essential tender conditions and minimal judicial interference in matters of government contracts, upholding the Tender Committee's decision to rejec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
