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JAVED IQBAL WANI
ASEL ARS Sports Private Limited – Appellant
Versus
UT of J&K – Respondent
Order
Javed Iqbal Wani, J.—This order shall dispose of application of interim relief being CM 795/2021.
2. In terms of order dated 04.02.2021 notice was issued in first instance to respondents 1 to 3 consequent upon which Mr. K.D.S Kotwal Dy. AG, appeared and was granted time for filing objections. On 08.02.2021 when matter came up for consideration, Ms. Tak entered appearance for respondent No. 2. Objections stand filed by the respondent No. 1 to 3.
3. In the application in hand petitioner prays for following reliefs: -
“The hon’ble court may please to stay the impugned decision dated 23.12.2020 with respect to the ousting the petitioner company from the tendering process and declaring the respondent no. 4 as lowest bidder and to restrain the respondents from issuing formal allotment order in favour of respondent no. 4 with respect to contract for construction of Global Category Synthetic Hockey Surface including allied civil works with annual maintenance of 3 years for Turf and Sprinkle at K.K.Haku Stadium Jammu in reference to notice inviting tender, tender notice e-NIT No. 05/5 of 2020 dated 18.09.2020 till the outcome of the main petition.”
4. The interim reliefs supra are bei
The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized ....
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
Point of law: Supreme Court held that any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing entire process of services ....
The main legal point established in the judgment is that the decision making process in contractual matters can be reviewed if it is shown to be arbitrary, unreasonable, or if it violates the Wednesb....
Judicial review of tender processes is limited to ensuring fairness and transparency. Tendering authorities may correct inadvertent errors in technical evaluations during the stipulated process windo....
The authority to cancel a tender prevails under administrative discretion, based on the rationale of maintaining integrity, fairness, and transparency in public procurement processes.
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