Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MICHAEL ZOTHANKHUMA
Tribeni Construction Ltd – Appellant
Versus
Badri Rai And Company – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. I. Chowdhury, learned Senior Counsel assisted by Mr. T. Das, learned counsel for the review petitioner in Review Petition No.170/2024 arising out of order dated 29.08.2024 allowing WP(C) No. 4034/2024. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. P. Buttan, learned counsel for the writ petitioner in WP(C) 4789/2024 and respondent no.1 in the review petition. Mr. B. Gogoi, learned counsel appears for the PWD in Review Petition no.170/2024 and WP(C) 4789/2024.
2. The two cases are being disposed of by this common judgment and order in view of the fact that the issue that has arisen pertains to the NIT dated 23.02.2024, for “Construction of Dedicated Training, Monitoring, Administrative Centre “Swasthya Bhawan” (2B+G+8) Storeys at Sixmile, Guwahati (Assam) involving Civil, MEP Works, External Development Works, Ancillary Buildings and including Operation & Maintenance (O&M).”
3. The facts of the case is that the review petitioner and the writ petitioner had both participated in the NIT for the above contract work, by submitting their bid documents before the la
A bidder must demonstrate work experience 'in his own name' as per tender requirements; failure to hear a necessary party warrants review.
The eligibility for tender participation relies strictly on interpreted criteria by the issuer unless proven arbitrary or biased, excluding warranty periods from work experience.
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....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
The court affirmed that in tender matters, the awarding authority has discretion to assess qualifications, and judicial review is limited to ensuring legality and fairness, without substituting the a....
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
