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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
Subaya Construction Company Ltd. – Appellant
Versus
Commissioner, Mangadu Municipality – Respondent
| Table of Content |
|---|
| 1. petitioner's request for tender records. (Para 1 , 2) |
| 2. details of bid submission and challenges faced. (Para 3 , 4 , 5 , 6) |
| 3. respondent's grounds for non-responsiveness. (Para 7 , 8) |
| 4. legal representatives' arguments. (Para 9) |
| 5. interpretation of clause 4 (i). (Para 10 , 11 , 12 , 13) |
| 6. literal interpretation of legal text. (Para 14 , 15 , 16) |
| 7. assessment of compliance with clause 4 (i). (Para 17 , 18) |
| 8. rejection of bid on procedural grounds. (Para 19 , 20 , 21) |
| 9. final judgment to quash the rejection. (Para 22) |
ORDER :
P.T. Asha, J.
This writ petition is filed for the following relief:
“To call for the records of the respondent in the impugned order dated 04.02.2026 relating to the works of "Providing Comprehensive Underground Sewerage Scheme to Mangadu Municipality - Tender Ref No 3141/2025/E1 bearing Tender ID No 2025_MAWS_589498_l and QUASH the same and consequently direct the respondent to open the price bid of the petitioner in respect of the works related to "Providing Comprehensive Underground Sewerage Scheme to Mangadu Municipality - Contract No 3141/2025/E1 vide Tender Notification dated 30.01.2025" and process the same in accordance with law”
2. The ca
The court clarified that a technical bid cannot be rejected as 'Not Responsive' when the bidder has complied with relevant tender document requirements, emphasizing fairness in the interpretation of ....
Failure to disclose material facts in bid documents renders the bid non-responsive.
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
The court upheld the decision of the official respondents to declare the petitioner non-responsive, emphasizing the importance of transparency in the tendering process and the application of natural ....
The employer has the authority to interpret tender documents and decide on essential conditions. Judicial review in commercial tender matters should focus on lawfulness, not soundness, of the decisio....
The court upheld the decision of the respondent NHPCL, concluding that the NHPCL was within its rights to seek clarifications from the bidders as per the terms of the clauses and the manual.
Disclosure of reasons for tender bid rejection is only required after the award of the tender, upholding confidentiality in the evaluation process.
The rejection of a bid must be based on relevant and material factors, and the decision-making process should not consider extraneous or irrelevant factors.
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