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DEVASHIS BARUAH
Nabanita Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Devashis Baruah, J.
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- Sarpara Bottling Plant 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 mini
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 deference to the understanding and appreciation of tender documents by the tendering authority unless there is malafide or perversity.
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 court affirmed that a tendering authority's timeline for bid submission is not subject to judicial scrutiny unless proven arbitrary, and a non-participating bidder lacks standing to challenge ten....
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