Back
BISWAJIT MOHANTY, SAVITRI RATHO
Panchasakha Carrier – Appellant
Versus
Indian Oil Corporation Ltd – Respondent
JUDGMENT
B.MOHANTY, J. - This writ application has been filed by the petitioner praying for quashing of the orders under Annexures-1 & 4/1 reflecting rejections of the petitioner's bid in connection with the tender for road transportation of bulk petroleum products by bottom loading tank trucks. Further prayer is to direct the opposite party No.2 to consider the petitioner's tender on merits as per the Tender Call Notice and award it the work of transportation of I.O.C.L's. bulk petroleum products ex-I.O.C.Ls Paradeep Terminal.
2. The present case relates to the Tender Call Notice issued by the opposite party No.1 under Annexure-2 inviting tender for road transportation of bulk petroleum products by bottom loading tank trucks vis-a-vis Paradeep Terminal for the year 2021-2022. Vide Annexure-A/1, it was made clear that clarification end date vis-a-vis the Tender Call Notice under Annexure-2 was 27/7/2021 and the document download/sale end date/bid submission end date was 14/8/2021 and bid opening date was 16/8/2021. Clause 1.1 of the Tender Call Notice made it clear that all the tank trucks would be subject to third party inspection and fabrication has to be carried out on a new tank
The authority issuing the tender has discretion in interpreting and enforcing tender requirements, and unless there is evidence of illegality, courts should exercise restraint in interfering with con....
The rejection of a bid in a tender process should be based on merit consideration and qualification for allocation, and parties must plead and produce sufficient material to substantiate their case.
The court upheld that adherence to tender guidelines by public entities is essential, and allegations of impropriety must be substantiated for judicial intervention.
If two views are possible the Court should not impose the other view in the instant case.
Strict adherence to tender requirements, particularly for essential documents like NOCs, is mandated for eligibility, with judicial restraint applied in reviewing tender decisions.
Compliance with specific pre-qualification criteria and terms and conditions of a tender notice is crucial for the acceptance of a bid.
Tender rejection upheld as petitioner failed to provide sufficient proof of machinery ownership as mandated, highlighting strict adherence to bid requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
