Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, C.J., SAVITRI RATHO, S.S. MISHRA
Nanda Infra Construction Pvt. Ltd. – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. challenge to ifb cancellation (Para 2) |
| 2. petitioner's arguments (Para 7 , 8) |
| 3. court's analysis of law (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 4. court's final decision (Para 40 , 41 , 42 , 43) |
JUDGMENT :
For an authoritative pronouncement, the following questions had been referred to larger Bench on 18.11.2024 by a Division Bench of this Court in these two writ applications:
ii.) Whether there is any requirement of giving an opportunity of hearing or prior notice to the highest/lowest bidder, before cancellation of tender notice keeping in mind the settled legal position that such bidder does not acquire any vested right to have the auction confirmed in his favour on that basis alone?
iv.) Whether the Division Bench in case of M/s. Bansal Infraprojects Pvt. Ltd (supra) has correctly applied the Supreme Court’s decision in case of Sudhir Kumar Singh (supra)?
2. The petitioner in both these writ applications challenged the notice dated 01.03.2024 issued by the opposite party No 2 - Engineer in Chief (Civil) Odisha, cancelling the Invitation for Bids ( in short “I
The court clarified that no opportunity of hearing is required for the lowest bidder before cancellation of a tender notice, as no vested right exists until the bid is confirmed.
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.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
Tender – Government is protector of financial resources of State and it has every right to cancel and call for fresh tender if it is in nature of protecting financial interests of State.
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
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....
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
