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NELSON SAILO
Prasad and Company (Project Works) Pvt. Ltd. – Appellant
Versus
National Building Construction Corporation Limited – Respondent
JUDGMENT :
NELSON SAILO, J.
1. This Order will dispose of both the writ petitions. The parties in both the writ petitions are one and the same except Surya Roshini Ltd., who was found to be L2 in the price bid is not a party in the second writ petition filed by the petitioners. The writ petitions were initially filed in the Principal Seat at Guwahati but later on they were transferred to the Aizawl Bench of the Gauhati High Court and renumbered. The grievance projected by the petitioners is that the Notice Inviting e-Tender (NIT) dated 10.11.2023 has been arbitrarily and illegally settled in favor of the respondent No. 8 in violation of the terms and conditions of the NIT and that the petitioners being the third lowest tenderers and duly qualified to undertake the work in terms of the NIT should be allotted the work.
2. Brief facts of the case is that the respondent Nos. 1 to 6 floated NIT dated 10.11.2023 for Supply, Fixing, Testing and Commissioning (SITC) of LED Flood Light in Dampa Tiger Reserve Forest (DTRF) area from near BP No. - 2313 to near 2305/2-RI along Indo-Bangladesh Border in Mizoram State for approximate length of 60 Km. The estimated cost of the work was Rs. 53,93,97,
The Court established that compliance with all eligibility criteria in tender documents is essential, but public interest may prevent judicial interference in ongoing contracts.
Judicial review in contractual matters is limited to evaluating decision-making processes and does not extend to substituting the authority's decisions unless clear evidence of arbitrariness or mala ....
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
(1) Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of extra-ordinary writ jurisdiction.(2) A wrong doer ought not to be permitted to make profi....
The court emphasized the limited scope of judicial review in contractual matters and the deference to be given to the interpretation of the tender document by the author. It also clarified that the w....
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