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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MICHAEL ZOTHANKHUMA
Hatimuria Developers Private Limted – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. bid requirements for technical documents (Para 2 , 3 , 4 , 5) |
| 2. interpretation of bid document submission requirements (Para 6 , 7 , 8) |
| 3. mandatory compliance with tender conditions (Para 9 , 10) |
| 4. judgment of dismissal of writ petition (Para 11 , 22) |
| 5. court deference to tender document interpretation (Para 12 , 13 , 14 , 16 , 19) |
| 6. non-compliance leads to rejection of bid (Para 15 , 17 , 18 , 20 , 21) |
ORDER :
MICHAEL ZOTHANKHUMA, J.
Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Addl. A.G. for the respondent Nos. 1 to 3.
2. The petitioner is aggrieved with the minutes of the Bid Evaluation Committee held on 25.06.2025, wherein the petitioner’s technical bid was declared non-responsive, on the ground that the petitioner had not submitted a copy of the Power of Attorney proving that the Power of Attorney holder had signed the bid documents and not furnishing a copy of the Memorandum of Articles of Association in terms of Clause 3.4 of the Information and Guidelines for bidders (Section – II: Technical Bid), which states as follows:-
“3.4 If the bidder is a limited company or a corporation, the application shall be signed by
The court upheld the requirement of compliance with mandatory tender conditions, reaffirming that failure to submit necessary documents, like a Power of Attorney, results in bid rejection.
Power of attorney is unilateral under 1882 Act, requiring no donee signature; technical bid rejection for its absence invalid; joint venture bidding clause inapplicable to partnership firms. (24 word....
The court ruled that rejection of bids on technicalities lacking a Board resolution is arbitrary, given guidelines on acceptable authorizations under tender conditions.
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The court upheld the rejection of the technical bid based on the assessment of the bidder's capability to execute the work as per the tender document.
The court affirmed that tender documents must be signed as per mandatory requirements, interpreting 'may' as 'shall', thus validating the rejection of non-compliant bids.
The main legal point established in the judgment is the principle of minimal judicial interference in contractual matters involving technical issues, emphasizing the need to uphold tender conditions ....
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