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DEVASHIS BARUAH
Nabanita Das, Wife Of Sri Shailen Kalita – Appellant
Versus
Union Of India, Represented By The Secretary To The Ministry Of Petroleum And Natural Gas – Respondent
JUDGMENT :
Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the Petitioners and Mr. M. K. Chodhury, the learned Senior counsel assisted by Mr. P. Bharadwaj, the learned counsel appearing on behalf of the Respondent Nos. 2 and 3. None appears on behalf of the Respondent No.1 on call.
2. The present writ petition has been filed by the Petitioners challenging the Notice Inviting e-Tender issued by the Indian Oil Corporation Ltd. for transportation of Indane LPG cylinders in vertical position on unit rate basis Ex-North Guwahati BP on the ground that Clause 14 of the tender schedule of the Notice Inviting Tender stipulates that if the last date of bid submission is extended after publication of the tender, vehicles having date of registration up to the last date of bid submission (as per original tender document) shall only be eligible for participation.
3. From the materials on record, it reveals that the Indian Oil Corporation Ltd. had issued the said Notice Inviting E-Tender in Two Bid System (Part A : Technical Bid with Commercial Terms and Part B : Price Bid) from company, partnership/proprietorship firm, Co-operative Society meeting the minimum PQC (pre-qualifica
The deference to the understanding and appreciation of tender documents by the tendering authority unless there is malafide or perversity.
The court upheld the authority's discretion in setting tender conditions, emphasizing that judicial review should not interfere unless there is clear evidence of malafide or irrationality.
The court upheld the tender process by ONGC, affirming that the draw of lots method is reasonable and aimed at addressing local unemployment, thus not violating constitutional rights.
The main legal point established is that technical errors in bid submission do not warrant interference in the tender process, especially when it may delay the implementation of a public project.
Tender Process - Extension of period of Contract - Placed on successful bidders may be extended/repeated at sole discretion of Corporation for a further period of up to 12 months including increasing....
The conflicting requirement for physical submission in a tender process was deemed unenforceable, emphasizing the importance of adhering to statutory rules in tender processes.
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