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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
NELSON SAILO
Prasad and Company (Project Works) Pvt. Ltd. – Appellant
Versus
National Building Construction Corporation Limited – Respondent
| Table of Content |
|---|
| 1. tender process details and participation (Para 2 , 3) |
| 2. grounds for review and claims of progress (Para 4 , 5) |
| 3. arguments against delay and merits of the case (Para 6 , 7) |
| 4. legal standards for review petitions (Para 8 , 9) |
| 5. application of review criteria and judicial discretion (Para 10 , 11 , 12) |
| 6. dismissal of the review petition (Para 13) |
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr.H. Buragohain, learned counsel for the review petitioners and Mr. A. Thakur, learned Senior Counsel assisted by Ms. J.R. Thakur, learned counsel for the respondent Nos. 1 to 6. By filing this instant review petition under Chapter X of the Gauhati High Court Rules read with Section 114 and Section 151 of the Code of Civil Procedure, 1908 (CPC), the petitioners pray for review of the common Judgment & Order dated 22.08.2024 passed by this Court in WP(C) Nos. 76 & 77 of 2024.
2. Brief facts of the writ petition has been set out in paragraph Nos. 2 & 3 of the Judgment & Order dated 22.08.2024 and therefore, for the sake of brevity and convenience, the same is being abstracted hereunder:-
“2. Brief facts of the case is that the respondent Nos. 1 to 6 floated NIT dated 10.11.2023 for Supply,
A review petition under Section 114 CPC requires discovery of new, important evidence or an apparent error; mere dissatisfaction with the judgment does not qualify.
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
The judgment emphasizes the importance of complying with tender conditions and the limited scope of judicial review in contractual and commercial matters.
The Court established that compliance with all eligibility criteria in tender documents is essential, but public interest may prevent judicial interference in ongoing contracts.
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
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