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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
RAJAN ROY, OM PRAKASH SHUKLA
Classic Enterprises Thru. Its Partner Tarun Tandon – Appellant
Versus
N.H.A.I. Ministry of Road Transport And Highways Thru. Its Chairman – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash nhai's cancellation of tender. (Para 2 , 3 , 4) |
| 2. discrepancy in rfp clauses led to confusion in performance security requirements. (Para 5 , 6 , 12) |
| 3. petitioner argues that cancellation was unjustified given compliance with requirements. (Para 14 , 15 , 16) |
| 4. court emphasizes fairness and reasonableness in administrative actions. (Para 19 , 20 , 36) |
| 5. court orders reconsideration of cancellation in light of public interest. (Para 41) |
| 6. writ petition allowed with no costs ordered. (Para 42) |
JUDGMENT :
Om Prakash Shukla, J.
(1) Heard Shri Chandra Shekhar Sinha, learned Counsel for the petitioner, Shri Abhishek Pathak, learned Counsel for the opposite parties no.1 to 3 and learned Counsel for the Union of India/opposite party no.4.
(2) By means of the present writ petition, the petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, praying inter alia for the following reliefs :-
“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.12.2024 vide letter No. 23001 / 1 / RP-W-UP / A-K / Pkg-IV / NH-34 / FOB / 25292 passed by the O.P. No.1
The cancellation of a Letter of Acceptance due to an 8-day delay in performance security submission was deemed unreasonable, emphasizing the need for fairness in public contract processes.
The main legal point established in the judgment is the importance of jurisdiction, principles of natural justice, and procedural regularities in the tender process, as well as the consequences of ar....
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
Point of Law : It is the settled position in law that a Force Majeure clause is to be interpreted narrowly and not broadly. Parties ought to be compelled to adhere to contractual terms and conditions....
The court affirmed that failure to comply with contractual obligations cannot be excused by force majeure claims where the party did not act with due diligence, emphasizing the need for adherence to ....
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
The discretion to grant extensions for Performance Security submission in tender processes lies with the managing authority; delays justify annulment.
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