JAMMU AND KASHMIR HIGH COURT
,
A. B. C. Enterprises (M/s.) v. M/s. Bodh Raj Charan Singh and Others
| Table of Content |
|---|
| 1. contract allocation process and background (Para 1 , 3 , 4) |
| 2. arguments on discrimination and conduct of ioc (Para 5 , 6 , 7) |
| 3. defense of contract award and allegations of mala fides (Para 10 , 11 , 12 , 13) |
| 4. standards in awarding public contracts (Para 15 , 23) |
| 5. judicial intervention in public contract awards (Para 19 , 24 , 28) |
1. It is all about a contract allotted to the appellant by the Indian Oil Corporation (IOC) to carry and handle High Speed Diesel (HSD) to the second Gas Turbine unit (PDC Unit - II) set up by the State Power Development Corporation at Pampore (Kashmir). The contract was ordered to be quashed by the writ Court in OWPs Nos. 602/94 and 649/94 filed by respondents 1 to 47 herein, by a common judgment dated 14-11-1994 with a further direction to the IOC to allot the contract by floating public tenders.
2. The present appeal is taken against this judgment and the principal question that falls for determination is : whether the action of allotting contract is bona fide, fair, reasonable and in tune with the public interest or whether it smacks of some bias, favouritism or arbitrariness affecting such interests in the process?
3. The matter is
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