SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Mad) 88

C.V.KARTHIKEYAN
Padmavathi Hospitality & Facilities Management Services, Rep. by its Partner & Authorized Representative Pradeep Kanumuri – Appellant
Versus
Tamil Nadu Medical Service Corporation (A Government of Tamil Nadu undertaking) Chennai – Respondent


Advocates Appeared:
For the Petitioner:A.R.L. Sundaresan, Senior Counsel for Nithyaesh, Vaibhav, Jeyash Dolia for M/s. Aiyar, Dolia, Advocates. For the Respondents:R1, S.R. Rajagopalan, AAG. Assisted by R.A.S. Sakthivel, AGP., R. Shivakumar, Suresh, R2, J. Purushothaman, GA., R3 & R6, Santhanaraman, R4, A.L. Somayaji, SC, R5, Mohammed Shafi, Advocates.

Judgement Key Points

Key Points: - The court emphasized restraint and caution in judicial intervention in contractual or commercial matters involving public sector undertakings. (!) (!) - The writ court cannot substitute itself for the Tender Accepting Authority and cannot engage in roving examination of facts or applicability of law in tender matters. (!) (!) - The petitioner’s challenge to the acceptance of the financial bid by the 4th respondent was dismissed; remedy lies in appeal under Section 11 after notification of award. (!) (!) - The Tender process and price negotiation were conducted following the TN Tenders Act and Rules, with appellate rights available within specified timelines. (!) (!) (!) - The Supreme Court/Apex-level guidance on restraint in judicial review of tender processes is cited to support minimal interference. (!) (!) (!) - The judgment directs costs against the petitioners for misuse of the writ petition and from the relief fund. (!) - The tender invited for zone-based bids and the evaluation included GST considerations as per the tender terms. (!) (!) (!) (!) - (!)

What is... How to exercise restraint and caution in judicial intervention in contractual or commercial matters involving public sector undertakings?

What is... How to determine the role of the writ court versus Tender Accepting Authority under the Tamil Nadu Transparency in Tenders Act, 1998?

What is... What are the grounds for challenging tender awards and the appropriate appellate remedies under Sections 10 and 11 of the Tamil Nadu Transparency in Tenders Act, 1998?


JUDGMENT

(Prayer in W.P.No.24412 of 2019:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to reject the bid of the 4th respondent and consequently award the contract in Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner herein for all Zones namely, Zone 1-5.

In W.P.No.27267 of 2019:Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to reject the bids of the 3rd and 4th respondents and consequently direct the 1st respondent to award the contract in relating to Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner for Zones I to V.)

Common Order:

W.P.24412 of 2019:

1. Writ Petition filed in the nature of Mandamus to direct the 1st respondent, namely, The Tamil Nadu Medical Service Corporation (A Government of Tamil Nadu undertaking), to reject the bid of the 4th respondent namely, M/s.Krystal Integrated Services Pvt. Ltd., Mumbai, and consequently award the contract in Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner for all the zones namely, zones




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top