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JAVED IQBAL WANI
Steris Private Ltd. – Appellant
Versus
J&K Medical Supplies Corporation – Respondent
JUDGMENT :
Javed Iqbal Wani, J.
The petitioner in the instant petition filed under Article 226 of the Constitution implores for the following reliefs:-
(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No. 1 to consider the Petitioner’s bid and forthwith award the contract to the petitioner.
(c) Issue a writ of prohibition or any other appropriate writ, order or direction thereby restraining Respondent No. 1 from placing orders upon respondent No. 3:
(d) Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing respondent No. 1 to forthwith withdraw the purchase orders/rate contracts (if any) issued to respondent. 3.
(e) Award the costs of the present petition in favour of the petitioner and against the respondent.
(f) Pass ad interim ex-parte order in terms of prayers (a) to (e) made hereinabove; and
(g) grant such other or further rel
Point of law: Entire process of awarding the contract by respondent No.2 in favour of Respondent No.3 cannot be accepted as valid
Judicial review in tender matters is narrowly circumscribed. A court should only interfere if the procuring authority's action is arbitrary, irrational, or malafide. Mandatory tender conditions must ....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
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