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SUJOY PAUL, SHAILENDRA SHUKLA
Krsnaa Diagnostics Pvt. Ltd. – Appellant
Versus
State of M. P. – Respondent
ORDER
Paul, J. -- 1. The petitioner, a private limited company registered under the Companies Act, 1956 has filed this petition under Article 226 of the Constitution to assail the letter dated 7.10.2020 (Annexure P/9) whereby it was intimated that the tender is scrapped and the bank guarantees furnished by him were returned. It is further prayed that respondents be directed to proceed further in the NIT and execute the agreement with the petitioner by issuing letter of acceptance for Cluster (II), (III) and (IV). By amending the petition, new NIT is also called in question.
2. Draped in brevity, the admitted facts between the parties are that respondent No.3 floated an NIT dated 10.12.2019 for setting up, operating, managing and maintenance of computerized tomography – CT and MRI diagonostic facility at six government medical colleges namely Datia, Khandwa, Ratlam, Vidisha, Shahdol and Shivpuri with four more colleges namely Rewa, Sagar, Indore and Jabalpur. The aforesaid 10 colleges were divided in four different clusters. The NIT issued by the respondent No.3 (Director, Med
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The main legal point established in the judgment is that the acceptance of a cross-offer in a tender process does not necessarily result in a concluded and binding contract. The court emphasized the ....
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
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