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MICHAEL ZOTHANKHUMA
Hemanta Bora, S/o Late Padma Kanta Bora – Appellant
Versus
Oil India Ltd. – Respondent
JUDGMENT :
1. Heard Mr. S. Banik, learned counsel for the petitioner and Mr. A. Sharma, learned Standing Counsel, Oil India Limited for all the respondents.
2. The petitioner’s case is that the Oil India Limited used to float tenders every three years, for transportation of crude oil etc, by using 12 KL capacity bowsers/tankers from various Oil’s field locations in Assam and Arunachal Pradesh.
3. The petitioner’s counsel submits that earlier a person, who did not have the required number of bowsers to be a bidder for transportation of the crude oil, could attach his bowser with the bid of a bidder, who had bowsers and also had the other eligibility criteria required for participating in the tenders issued by Oil India Limited. The person who attached his bowser with a bid of a bidder, could thereafter count his participation in the tender process as “experience”, for participating in the next bid to be made by Oil India Limited. However, by the new tender No.CDT7868P25, Oil India Limited has done away with the concept of a bowser owner attaching his bowser with the bid of an eligible bidder, thereby eliminating any chance for the said person having only a single bowser, to gain any ex
The court upheld the authority's discretion in setting tender eligibility criteria, emphasizing minimal judicial intervention unless clear arbitrariness is shown.
The interpretation of tender documents and eligibility criteria should defer to the understanding of the tendering authority. Judicial review should not interfere unless there is mala-fide, arbitrari....
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
The eligibility of a partnership firm in tender processes can be established through the financial credentials of its individual partners, affirming courts' limited interference in administrative dec....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
The court upheld the validity of the tendering authority's criteria, emphasizing that terms are not subject to judicial review unless proven arbitrary or unreasonable.
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
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