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S. A. DHARMADHIKARI, PRANAY VERMA
Phaloudi Constructions And Infrastructure Pvt. Ltd. – Appellant
Versus
Indore Smart City Development Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cancellation of tender. (Para 1 , 2 , 3) |
| 2. petitioner's bid accepted but later cancelled. (Para 4 , 5 , 6) |
| 3. respondent argues based on pending litigation. (Para 7 , 8) |
| 4. judicial review in contractual matters discussed. (Para 9 , 10) |
| 5. no binding contract established as per loa. (Para 11 , 12) |
| 6. principle of natural justice not applicable. (Para 13 , 14 , 15) |
| 7. valid reasons for cancellation of nit. (Para 19 , 20) |
| 8. petitions dismissed for lack of merit. (Para 21 , 22) |
ORDER :
PRANAY VERMA, J.
Since common questions of facts and law are involved in both the petitions, they have been heard together and are being decided by a common order. Facts are being taken from Writ Petition No. 15445 of 2022.
2. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the letter/order dated 29-6-2022 issued by respondent No. 1 whereby the Notice Inviting Tender dated 1-7-2020 has been cancelled and the earnest money deposited by the petitioner company has been directed to be refunded. The petitioner has al
The cancellation of a tender process is justified when material changes occur, such as the inclusion of railway land, which alters the project's scope and public interest considerations.
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 issuance of a Letter of Award does not establish a binding contract unless all conditions are met and the Operation and Management Contract is executed.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
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