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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
Megala Construction – Appellant
Versus
Superintending Engineer (Highways) Thiruchirappalli – Respondent
JUDGMENT :
G. JAYACHANDRAN, J.
1. A batch of writ appeals in two sets, one filed by Megala Construction and another by Velavan Builders Private Limited, are directed against the common order passed by the learned single Judge on 18.12.2025.
2. The brief facts leading to filing of the writ appeals are as below:
the appellants are Class-I Contractors under the Highways Department. They have applied for work contract in respect of Pudukottai (H) C&M Division CRIDP 2025-2026. Pursuant to the tender notification issued by the first respondent dated 02.09.2025, their applications were considered and rejected on the first stage itself, since the respondents were not satisfied regarding the mandatory possession/ownership of critical plants and machinery to get eligible for pre-qualification. The rejection order clearly specified the plants and machinery for which the appellants were not able to produce acceptable proof of ownership.
3. The contention of the respondents is that for proof of ownership of plants and machinery mentioned in the tender, the contractors should produce legible tax invoices and proof for purchase. Whereas in this case, the contractors failed to produce tax invoice for t
Delivery challans can serve as valid proof of ownership for machinery in interstate transactions, substituting tax invoices under the Gujarath Value Added Tax Act, 2005.
Failure to provide valid proof of ownership for mandatory equipment results in the rejection of tender applications, reaffirming the importance of compliance with tender conditions.
Tender rejection upheld as petitioner failed to provide sufficient proof of machinery ownership as mandated, highlighting strict adherence to bid requirements.
Tenderers must provide documented proof of ownership of required machinery, failing which bids may be lawfully rejected.
Judicial intervention in tender processes is limited to preventing arbitrariness; courts prioritize public interest over individual grievances when evaluating tender acceptance decisions.
The authority issuing tenders may have discretion to deviate from strict compliance of tender conditions in appropriate cases, and the court should consider public interest before intervening in disp....
The court affirmed that compliance with the mandatory requirements outlined in the NIT is essential for eligibility in the bidding process.
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