P.N.RAVINDRAN, DEVAN RAMACHANDRAN
FAST TRACK LOGISTICS, REP. BY ITS MANAGING PARTNER, BINUTHARIAN – Appellant
Versus
JAST TRANSPORT, REP. BY PARTNER JAST TRANSPORT, KATHOMSI – Respondent
Devan Ramachandran, J.
A call for bids, call for tenders or invitation to tender is a procedure for generating competing offers from different bidders looking to obtain award of business activity in work supply and service contracts. Etymologically, the word 'tender' has its beginnings from the old French 'tendere' which means 'to offer'. Historically, the name of this phrase originated from the practice of merchant ships, arriving at a port of call, posting notices describing the goods that they intend to sell or buy. This notice was usually delivered ahead of the ships by a tender - a small boat, and hence the process obtained the present terminology 'tender'.
2. Since the invitation to bid is made by the beneficiary or the awarder of a contract, it is essentially his or its intentions and wishes, that will gain acme importance. Generally, therefore, the literal interpretation and meanings to the various terms and conditions in the invitation to tender will obtain eminence and the courts are usually enjoined to give effect to the particular object and intention shown in the tender document rather than deviating from it. That being said, the awarder of the contract, who fl
Joshy Technology International Inc. v. Union of India & Others
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