SHEEL NAGU, RAJEEV KUMAR SHRIVASTAVA
Amar Goods Transport – Appellant
Versus
M. P. State Co-operative Marketing Federation – Respondent
JUDGMENT :
Heard through video conferencing.
1. Present petition u/Art.226 of Constitution of India is preferred challenging action on the part of official respondents in declining to accept the acceptance of counter offer and issuing fresh NIT.
2. The foundational facts are that in response to the NIT, the petitioner made an offer which was though L-1 but the official respondents found it to be on the higher side leading to the official respondents making a cross-offer lowering the initial bid from 119% above SOR to 110% above SOR. The petitioner accepted this cross-offer. In this factual backdrop, are the official respondents justified in law to have gone in for fresh NIT ignoring the acceptance of the petitioner of the lower cross-offer.
3. Pertinently, NIT under challenge relates to Narsinghpur sector [District Narsinghpur]. For the sake of clarity, the factual matrix attending the present writ petition is detailed below in a tabular illustration:
| S.No. | Events | WP.7734.21 |
| 1 | NIT issued for transportation of select food-grains and gunny bags – cum-unloading work for | |
Air India Ltd. v. Cochin International Airport Ltd. (2000) 1 SCR 505).
Deokar Exports Private Limited Vs. New India Assurance Company Limited [(2008) 14 SCC 598
Fair Air Engineers Pvt. Ltd. And Another Vs. N.K. Modi [(1996) 6 SCC 385
Jagdish Mandal v. State of Orissa and Ors. (2007) 14 SCC 517
Maa Binda Express Carrier And Another Vs. North-East Frontier Railway And Others [(2014) 3 SCC 760]
Meerut Development Authority v. Association of Management Studies and Anr. etc. (2009) 6 SCC 171
Michigan Rubber (India) Ltd. v. State of Karnataka and Ors. (2012) 8 SCC 216
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 ....
public authorities must be left with the same liberty as they have in framing the policies - Contracts are legally binding commitments and they commit the authority which may be held to be a State wi....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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