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RITU BAHRI, RAKESH THAPLIYAL
Leotronics Scales Private Ltd. – Appellant
Versus
Uttarakhand Agriculture Produce Marketing Board – Respondent
JUDGMENT :
The present writ petition has been preferred for challenging the order dated 31.08.2024 whereby the bid of respondent no. 2 i.e. One Ton Scales Private Ltd. has been declared as responsive.
2. The brief facts of the case are that a tender was floated by the respondent no. 1-The Managing Director of Uttarakhand Agriculture Produce Marketing Board, Rudrapur through NIT, whereby, the bids were invited for operation and maintenance of electronic weigh bridge of 50 metric capacity in Mandi Samitis of Uttarakhand and online publication of the tender was made on 05.08.2024. As per the bidding document, the bidder should enclose the documents, the details of which is specified in the tender, which are being extracted herein as below:
^^rduhdh fufonk
vfuok;Z layXu vfHkys[k%&
1- fufonk QkeZ&ewY :0 4720-00 th-,l-Vh- lfgr ¼cSad MªkV vFkok udn tek jksdM+ jlhn la0+----------------fnukad---------------½
2- QeZ dk jftLVªs'ku izek.k&i= ¼th-,l-Vh½A
3- vk;dj jftLVªs'ku dk izek.k&i= ¼iSu dh Nk;k izfr½A
4- laEcaf/kr miftykf/kdkjh }kjk tkjh gSfl;r izek.k i= :0 1-00 djksM+A
5- /kujkf'k :0 5-00 yk[k dh /kjksgj jkf'k mŸkjk[k.M d`f"k mRiknu foi.ku cksMZ ds uke ,QMhvkj ds #i esaA
6- fdlh ljdkjh@v/kZljdkjh
The court affirmed that joint ventures can participate in tenders if they meet specified qualifications, emphasizing judicial restraint in reviewing tender decisions.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Point of law: Court must exercise its discretionary power under Article 226 with great caution and should exercise it only in furtherance of public interest and not merely on the making out of a lega....
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
Joint Venture Agreements must establish joint and several liabilities; non-compliance results in bid rejection.
Remitted the matter back to the High Court for deciding the matter on merits even when the subject tender had already been finalized and the purchase order had been issued to the successful.
A bid submitted by a joint-venture must be maintained by the entity as a whole; failure to comply with tender requirements results in disqualification.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
The court affirmed that technical disqualification in public tendering must not be hyper-technical if it does not affect the bidder's capacity to perform, emphasizing the importance of fair competiti....
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