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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice D.Bharatha Chakravarthy, J
Goldair India Private Limited, Through its Director Mr. Rajeev Matta – Appellant
Versus
Airports Authority of India, Through Joint General Manger (Operations), Regional Headquarters Southern Region Operational Offices Complex Chennai Airport – Respondent
ORDER :
(D. BHARATHA CHAKRAVARTHY, J.)
This Writ Petition is filed seeking the records regarding the order contained in the email dated 11.02.2025 and all further proceedings consequent thereto, to quash it and consequently direct the respondents to accept the petitioner's consortium bid dated 21.11.2024 concerning tender No. 2024_AAI_212075_1 dated 21.10.2024 and for other orders.
2. The Writ Petitioner's case is that when the aforementioned tender dated 21.10.2024 was floated, the petitioner submitted a bid. The petitioner is a wholly owned subsidiary of another company named M/s Goldair Handling SA, which is also a member of the consortium. The petitioner relies on its experience and qualifications to qualify technically for the bid. However, after submitting the bid on 01.01.2025, the respondent informed the petitioner via email that they must upload the relevant documents due to a shortfall regarding qualification.
3. Upon reviewing the aforementioned e-mail, the petitioner was instructed to obtain a no-due certificate from the Airports Authority of India at Bagdogra and Udaipur. Consequently, the petitioner reached out to the relevant authorities. In response, the authorities sta
The court held that the petitioner was not required to submit a no-due certificate as they did not meet the definition of an affiliate or concessionaire under the tender documents.
Compliance with tender conditions and eligibility criteria is crucial in technical bid disqualification cases, and the scope of judicial review in such matters is limited.
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
Bidders must strictly adhere to stipulated financial eligibility criteria in tenders; altering bids after submission undermines the integrity of the bidding process.
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
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