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HIGH COURT OF MEGHALAYA
STERLITE INTERLINKS LIMITED – Appellant
Versus
THE STATE OF MEGHALAYA AND 2 ORS. – Respondent
JUDGMENT AND ORDER :
H.S.Thangkhiew, ACJ.
By way of the present writ petition, the petitioner a public limited company is assailing the letter dated 03.04.2024 issued by the respondent No.3 whereby, a Letter of Award dated 29.11.2023 issued in favor of the petitioner had been cancelled. The cancellation had been impugned as being wholly arbitrary and in violation of Article 14 of the Constitution of India.
2. The brief facts are that the petitioner was the highest bidder for selecting the exclusive operating partner for the Optical Ground Wire (OPGW) Passive Fibre Infrastructure of MePTCL pursuant to a tender dated 25.09.2023 and a Letter of Award (LOA) dated 29.11.2023, was issued in favour of the petitioner. It is the case of the petitioner that once the LOA had been issued in his favour, the same constituted a formation of a contract and the parties therefore, are understood to have entered into a binding contract as per the terms contained therein. The cancellation of the LOA is thus being assailed on the ground that it is arbitrary, irrational and illegal.
3. Mr. R. Jain, learned senior counsel assisted by Mr. S.K. Hassan, learned counsel on behalf of the petitioner has submitted
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
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.
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into ....
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