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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Coresonant Systems Pvt. Ltd. – Appellant
Versus
V.O. Chidambaranar Port Trust, Represented by its Chairman a – Respondent
| Table of Content |
|---|
| 1. writ petition seeks to quash unilateral decisions. (Para 2) |
| 2. background on tender disqualification and prior contract. (Para 3 , 4 , 5) |
| 3. arguments regarding tender disqualification. (Para 6 , 7 , 8) |
| 4. the court observes the intricacies involved in tender processes and previous contract disputes. (Para 9 , 10) |
| 5. conciliation request pending; unresolved disputes. (Para 11 , 12 , 13) |
| 6. unresolved disputes cannot disqualify participation. (Para 16 , 21) |
| 7. key legal considerations on debarment and the necessity for due process in dispute resolution. (Para 17 , 18) |
| 8. tender rejection based on disputes is unjustified. (Para 22 , 23 , 24) |
| 9. statutory duties can't be explained after decision. (Para 25 , 26) |
| 10. writ petitions allowed; previous orders quashed. (Para 27) |
ORDER :
L. Victoria Gowri, J.
The prayer in W.P.(MD)No.23924 of 2024 reads as follows :-
“Writ Petition is filed, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the issuance of the impugned communication No.NIT.TRA- COMMORRFID(RFCO)/4/2023-Traffic(e.5003) dated 31.07.2024, issued by the 2nd respondent to quash the same as arbitrary, illegal and unjustified and consequent
A party cannot be disqualified from participating in a tender due to unresolved disputes regarding past dues, necessitating adherence to principles of natural justice and dispute resolution guideline....
Disqualification due to blacklisting applies to partnerships where designated partners impact eligibility, underscoring the authority's interpretation of tender conditions in public interest.
Blacklisting without a show-cause notice is legally unsustainable, emphasizing procedural fairness in public procurement processes.
The decision to disqualify a bidder from a tender process does not require a reasoned order and should defer to the understanding and appreciation of the tender documents by the employer of the proje....
The court upheld the validity of debarment and encashment of Performance Bank Guarantee due to non-performance by the petitioner under the contract, emphasizing adherence to tender conditions.
Blacklisting in public contracts requires compelling evidence of misconduct; mere disputes over contract terms do not justify severe penalties.
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