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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
URC Construction (P) Limited, Represented by its Authorised Signatory, Mr. K. Vijayakumar – Appellant
Versus
Chennai Metro Rail Limited, A Joint Venture of Government of India and Government of Tamil Nadu, Represented by its Chief General Manager – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. details of the petitioner's bid and cancellation. (Para 4) |
| 3. petitioner's arguments against tender discharge. (Para 5 , 6) |
| 4. respondents' defense regarding tender process. (Para 7 , 8) |
| 5. court's analysis on tender cancellation. (Para 10) |
| 6. court's dismissal of the writ petitions. (Para 12) |
ORDER :
P.T. ASHA, J.
W.P.No.47323 of 2025 has been filed for the following relief :
“To issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent, relating to the notification dated 04.11.2025 bearing No.NIT CMAML/CP/TDR-50-CON/2025 discharging the tender related to “Design and construction of Civil, Structural, Architecture, MEP, HVAC, Lifts, Landscaping and all Associated Works for establishment of Integrated Bus Terminal Cum Commercial / Office development at Vadapalani Bus Depot and quash the same and consequently direct the 2nd respondent to accept the petitioner’s bid dated 30.07.2025 and award the contract for the “Design and Construction of Civil, Structural Architecture, MEP, HVAC, Lifts, Landscaping and all Associated Woks for establishment of Integrated Bus Terminal cum Commercial / office d
The tender accepting authority may cancel bids without stated reasons and has discretion in evaluating tenders based on competitive pricing, as upheld by the court.
A public authority's decision to cancel a tender must be reasoned and not arbitrary; failure to provide justifications exposes such decisions to judicial scrutiny.
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
The validity of administrative decisions must be judged on the basis of reasons existing on record, and the authority cannot provide new/additional reasons when the Court calls for them as they must ....
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
Cancellation of tender where L-1 bid within 5% limit, suspecting cartel without evidence, and inconsistent with prior awards exceeding limit, held arbitrary, violative of Article 14 warranting judici....
respondent authority has right to refuse the lowest or any other tender bid or bids submitted, provided its decision is neither arbitrary nor unreasonable.
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