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PUSHPENDRA SINGH BHATI
Girdharisingh Shekhawat Tankers – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT :
1. These writ petitions have been preferred claiming the following reliefs:
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and, by an appropriate writ order or direction:
i. Issue an appropriate writ/order/direction in the nature of certiorari quashing the LOIs issued to the respondent No.2 and 3 in respect of notice inviting tender No.RCC/NR/RSO/OPS/PT-105/21-22;
ii. Issue an appropriate writ/order/direction in the nature of mandamus directing the respondent No.5 to initiate a proper enquiry against the erring officials and the Respondent No.4 because of which respondent No.2 and respondent No.3 were illegal issued LOIs;
iii. Any other writ, order or direction which this Hon’ble court deems just and proper in the facts and circumstances of the case may kindly be allowed to petitioner;
iv. Costs of the petitioner may be awarded to the petitioner.”
CWP No.6812/2022:
“It is therefore, respectfully prayed that this writ petition may kindly be allowed and, by an appropriate writ order or direction:
i. Issue an appropriate writ/order/direction in the nature of certiorari quashing the LOIs issued to the respondent No.2 and 3 in resp
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
The authority issuing the tender has discretion in interpreting and enforcing tender requirements, and unless there is evidence of illegality, courts should exercise restraint in interfering with con....
Strict adherence to tender requirements, particularly for essential documents like NOCs, is mandated for eligibility, with judicial restraint applied in reviewing tender decisions.
Compliance with specific pre-qualification criteria and terms and conditions of a tender notice is crucial for the acceptance of a bid.
The rejection of a bid in a tender process should be based on merit consideration and qualification for allocation, and parties must plead and produce sufficient material to substantiate their case.
If two views are possible the Court should not impose the other view in the instant case.
Point of Law : Court should refrain from interfering in the grant of tender but instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the con....
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