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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rongon Mukhopadhyay, Ambuj Nath
Nuravi Imports and Exports Private Limited – Appellant
Versus
Central Coalfields Limited through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J. :
I.A. No. 7462 of 2025.
Heard Mr. Rajiv Ranjan, learned senior counsel for the proposed intervenor, Mr. Devashish Bharuka, learned senior counsel for the petitioner and Mr. Amit Kumar Das, learned counsel appearing for the respondent no. 1 and 2- Central Coalfields Limited.
This intervention application has been preferred on behalf of M/s APML-MIL JV, wherein a prayer has been made to include the proposed intervener as a party respondent.
It has been submitted by Mr. Rajiv Ranjan, learned senior counsel for the proposed intervener that the proposed intervener is one of the bidders in the tender floated by Central Coalfields Limited bearing NIT No. CCL/GM(CMC)/A&C/GeM/2024/48 dated 05-12-2024. It has further been submitted that the respondent Central Coalfields Limited had acted in an arbitrary, biased and illegal manner in order to favor the successful bidder and such acts of the respondent CCL is contrary to the settled law that conditions of the tender cannot be tailor made to favor a specific party and exclude all others. On such grounds, a prayer has been made to include the proposed intervener as party respondent in the present writ application.
M
Judicial review in tender matters is limited; disqualification must be based on clear, justifiable criteria, and actions must not display arbitrariness or bias.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
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 ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
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 comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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.
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