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2022 Supreme(Mad) 475

M.DHANDAPANI
Kineco Ltd. – Appellant
Versus
Union of India, through Railway Board, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. P.H. Arvind Pandian, M/s. A. Umapathy.
For the Respondents: Mr. V. Radhakrishnan, Mr. P.T. Ramkumar, Mr. P.S. Raman, Mr. R. Thirumurthy, Mr. Vijay Narayan, Mr. Arun C. Mohan, M/s. S. Dakshinamoorthy.

ORDER :

1. The enlarged role of the Government in economic activity and its corresponding ability to give economic ‘largesse’ was the bedrock of creating what is commonly called the ‘tender jurisdiction’ with the objective of having greater transparency in the process was the observation of the Hon'ble Supreme Court in the decision in Uflex Ltd. vs. Government of T.N. and Others, 2021 SCC Online SC 738.

2. The present petition has been filed assailing the award of tender and placement of order on the 3rd respondent, as arbitrary, unjust, unreasonable, illegal and in stark violation of the tender conditions stipulated in the Notice Inviting Tender dated 21.09.2021, which is against the transparency, which is the bedrock of any tender process floated by the Government.

3. It is the case of the petitioner that pursuant to the Notice Inviting Tender (for short ‘NIT’) dated 21.09.2021, the petitioner had placed his bid for the supply of 354 sets of interior furnishing along with other persons. It is the case of the petitioner that bid documents were also submitted by respondents 3 to 5. It is the further averment of the petitioner that one of the main conditions of tender as found in Claus

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