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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Tata Motors Limited – Appellant
Versus
Brihan Mumbai Electric Supply & Transport Undertaking (Best) – Respondent
JUDGMENT :
J. B. PARDIWALA, J.
1. Leave granted.
2. As the issues raised in all the captioned appeals are common and the challenge is also to the self-same order passed by the High Court of Judicature at Bombay dated 05.07.2022 in the Writ Petition (L) No. 15548 of 2022, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
3. The Appeal arising out of SLP(C) No. 15708 of 2022 is at the instance of TATA Motors Limited (for short, “TATA Motors”) (Original Writ Petitioner before the High Court).
4. The Appeal arising out of SLP(C) No. 11871 of 2022 is at the instance of EVEY Trans Pvt. Ltd. (for short, “EVEY”) (Original respondent No. 2 before the High Court).
5. The Appeal arising out of SLP(C) No. 11933 of 2022 is at the instance of the Brihan Mumbai Electric Supply & Transport Undertaking (for short, “BEST”) (Original respondent No. 1 before the High Court), a statutory corporation operating under the provisions of the Mumbai Municipal Corporation Act, 1888.
FACTUAL MATRIX
6. BEST floated a tender bearing No. DMM(T-II)/08/TCU/73169/20
(1) Evaluations of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters.(2) Power of judicial review ....
Judicial review of tender processes is limited to ensuring fairness and transparency. Tendering authorities may correct inadvertent errors in technical evaluations during the stipulated process windo....
Tender - Tender process - Evaluating tenders and awarding contracts are essentially commercial transactions/ contracts. If decision relating to award of contract is in public interest, Courts will no....
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Strict adherence to tender requirements is essential, and deviations or errors in bid submissions cannot be rectified post-submission.
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