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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Megha Engineering & Infrastructures Ltd. – Appellant
Versus
Government of Tamil Nadu Rep. By its Secretary Ministry of Municipal Administration, Urban & Water Supply Secretariat – Respondent
| Table of Content |
|---|
| 1. factual background of tender dispute and fabricated certificate (Para 1 , 2 , 3 , 4 , 6) |
| 2. petitioner's argument: fraudulent practice mandates bid rejection (Para 5 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. 3rd respondent's defense: no reliance on disputed certificate (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 4. 4th respondent's defense: limited judicial review, no fraud (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. judicial review principles in tender matters (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 6. analysis of fraudulent practice clause and jwil letter (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 7. no arbitrariness; tender authority's interpretation upheld (Para 48 , 49 , 50) |
| 8. writ petition dismissed (Para 51) |
ORDER :
M. DHANDAPANI, J.
1.Aggrieved by the order in and by which the bid submitted by the 4th respondent has been accepted by the 3rd respondent in rela floated for the purpose of undertaking the project ‘Chennai Ring Main Project’, the present petition has been filed by the petitioner.
2. It is the case of the petitioner that pursuant to the tender notification issued, in which the 2nd respondent was to serve as the execu 3rd respondent was to
Absence of authorisation in experience certificate does not constitute fraudulent practice unless knowingly misrepresented to mislead; courts exercise limited review in tenders, deferring to authorit....
The court affirmed that submitting false documents in tender processes justifies disqualification and forfeiture of bid security under the relevant tender clauses.
The person claiming justice and equity must come with clean hands.
The main legal point established in the judgment is that the conduct of the tendering authority, including the introduction of substantive terms through corrigendum and biased disqualification proces....
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.
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