Back
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Energo Constructions Private Limited – Appellant
Versus
Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd. – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J. - Heard Sri Navin Sinha, learned Senior Advocate, assisted by Sri Prashant Shukla, learned counsel for the petitioner; Sri Shad Khan, learned counsel holding brief of Sri Shishir Prakash, learned counsel for the respondent Nos.1 to 3 and Sri Anurag Khanna, learned Senior Advocate, assisted by Sri Raghav Dev Garg, learned counsel for the respondent No.4.
Facts:-
2. The facts of the case as emerging out from the record are that the petitioner herein is a company engaged in business of Operation and Maintenance Services (for the sake of brevity hereinafter referred as 'O&M Services') for Uttar Pradesh Rajya Vidyut Utapadan Nigam Ltd. including O&M Services and Coal Handling Plants. The respondent no.1 floated a tender sometimes in June 2020 for execution of O&M Services for its Coal Handling Plants at Paricha Station for a period of two years. The petitioner, who participated in the bid, was found suitable and contract was awarded to it. It was at that point of time, when one of the unsuccessful bidder alleged that petitioner had been debarred by another State owned power generating company in Madhya Pradesh, hence the petitioner was not qualified t
The court affirmed that a bidder's disqualification due to false declarations in tender processes is valid, emphasizing limited judicial review in contractual matters.
The judgment emphasizes the limited scope of judicial review in contractual matters and the importance of fair play in the decision-making process. It highlights the freedom of the respondents to awa....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
Point of Law : Court would not sit in the arm chair of experts or the Tender Scrutiny Committee, which has scrutinized and found the 3rd respondent to be responsive and had to be awarded the contract....
The discretion of the accepting authority in tender matters and the importance of truthful declarations in tender submissions.
Disqualification due to blacklisting applies to partnerships where designated partners impact eligibility, underscoring the authority's interpretation of tender conditions in public interest.
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
