AI Overview...
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Arbitrary Alteration of Tender Conditions - Courts have consistently emphasized that any modifications to tender conditions or process after bid submission must be fair, transparent, and non-arbitrary. Alterations that appear unreasonable or discriminatory can lead to legal invalidation or quashing of re-tender notices State of Mizoram VS Vatech Escher Wiss Flovel Ltd. - Gauhati, Deepika Transports rep. by its Properietrix V. Revathy VS General Manager, Dindigul Co-operative Milk Producers Union Ltd. - Madras, Thyssenkrupp Industries India Pvt. Ltd. VS State of Tamil Nadu - Madras.
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Fairness and Transparency in Tender Process - The courts have held that authorities must exercise their discretion within legal bounds, ensuring decisions such as cancellation, re-tendering, or rejection of bids are justified, non-arbitrary, and based on valid grounds. Arbitrary cancellations or re-tender calls are liable to be struck down C S SOMAN vs STATE OF KERALA - Kerala, Deepika Transports rep. by its Properietrix V. Revathy VS General Manager, Dindigul Co-operative Milk Producers Union Ltd. - Madras.
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Rejection and Acceptance of Bids - Bids must conform to tender conditions, including submission formats and eligibility criteria. Rejections based on technical non-compliance or illegibility are upheld if they follow the tender rules strictly. Acceptance of lowest bids is permissible provided the process remains fair and within legal bounds Abu Construction, rep. by its Proprietor VS Commissioner, Attur Municipality - Madras, Baroda Road Tankers VS Deputy General Manager-Lpg North Zone Hindustan Petroleum Corporation Ltd. - Delhi, Master Enterprise vs Food Corporation Of India - Gujarat.
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Court’s Role in Ensuring Fairness - Judicial review acts as a safeguard against arbitrary decisions, with courts scrutinizing whether alterations or cancellations were justified and whether the process adhered to statutory rules such as the Tamil Nadu Transparency in Tenders Act and Rules Deepika Transports rep. by its Properietrix V. Revathy VS General Manager, Dindigul Co-operative Milk Producers Union Ltd. - Madras, Thyssenkrupp Industries India Pvt. Ltd. VS State of Tamil Nadu - Madras.
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Conclusion - Tender alterations after bid submission are deemed arbitrary and unlawful if they lack transparency, fairness, or violate established rules. Authorities must exercise discretion judiciously, ensuring decisions are well-founded and non-discriminatory, failing which courts are likely to intervene and invalidate such actions State of Mizoram VS Vatech Escher Wiss Flovel Ltd. - Gauhati, Deepika Transports rep. by its Properietrix V. Revathy VS General Manager, Dindigul Co-operative Milk Producers Union Ltd. - Madras.
References:
- State of Mizoram VS Vatech Escher Wiss Flovel Ltd. - Gauhati
- Deepika Transports rep. by its Properietrix V. Revathy VS General Manager, Dindigul Co-operative Milk Producers Union Ltd. - Madras
- Abu Construction, rep. by its Proprietor VS Commissioner, Attur Municipality - Madras
- Thyssenkrupp Industries India Pvt. Ltd. VS State of Tamil Nadu - Madras
- C S SOMAN vs STATE OF KERALA - Kerala
- Ramchandra Murarilal Bhattad VS State Of Maharashtra - Supreme Court
- Devsaria Iron & Steel Co Private Limited VS State Of West Bengal - Calcutta
- M/S ARDESHIR B CURSETJEE & SONS LTD vs BHARATH PETROLEUM CORPORATION LTD - Kerala
- Baroda Road Tankers VS Deputy General Manager-Lpg North Zone Hindustan Petroleum Corporation Ltd. - Delhi
- Master Enterprise vs Food Corporation Of India - Gujarat
Search Results for "Tender Alteration after Bid Submissions is Arbitrary"
2003 0 Supreme(Gau) 39 • India - Gauhati
D.BISWAS, AMITAVA ROY
The Court emphasized the importance of fair, non-arbitrary, and transparent actions by administrative authorities. ... The Respondent-writ Petitioner submitted a tender, but after scrutiny, the State officials did not open its financial bid, leading ... Tender Process - Hydro-Electrical Project - NIT - 6/54/2001-CEPC/1 - Summary Fact of the Case: The State of Mizoram ... They have also the right to refuse the lowest tender or any other tender. But their action has to be fair, non-#HL_....
2009 0 Supreme(Mad) 1895 • India - Madras
T.RAJA
Issues: The issues revolved around the irregularities in the tender process, the arbitrary alteration of tender conditions ... tender notification and subsequently calling for re-tender were unreasonable, arbitrary, and in violation of Rule 23 of the Tamil ... The court quashed the re-tender notification and directed the respondent to open the commercial bid as per the original tender notification ... Therefore, i....
2015 0 Supreme(Mad) 3322 • India - Madras
T.S.SIVAGNANAM
has rightly got the tender as he quoted the lowest price also less than the upset price but he as response to it wants to work at ... , accepting the petition and directing respondents 1 and 2 for acceptance of petitioners bid. ... Tamil Nadu Transparency in Tenders Act, 1998, Section 10(3) - Tamil Nadu Transparency in Tenders Rules, 2000, Rules 18(3) and 23 ... If a bid document is not complete, it could have been rejected summarily, and, if the tender condition provides for #HL_START....
2016 0 Supreme(Mad) 994 • India - Madras
R.SUBBIAH
Tender - Award of Contract - Tamil Nadu Transparency in Tenders Act - Rule 23 of the Tamil Nadu Tender Transparency Rules, 2000 ... Fact of the Case: The petitioner company challenged the award of a tender in favor of the third respondent for the ... the bid, was legally impermissible. ... I had carefully gone through the submissions made by the counsel on either side and the counter and typed set of papers produced for my perusal. ... Section 23 of the Tamil Nadu Tender#HL....
2014 Supreme(Online)(KER) 32898 • India - High Court of Kerala
P.N.RAVINDRAN, J
Issues: The main issues were whether the cancellation of the first tender and the invitation for a re-tender was arbitrary ... Ratio Decidendi: The court held that the agency's decision to cancel the tender was not arbitrary and was within its discretion ... Finding of the Court: The court found that the cancellation of the tender was justified as only one bid was valid. ... After hearing the submissions made at the Bar, by the learned counsel ap....
2007 1 Supreme 622 • India - Supreme Court
DALVEER BHANDARI, S.B.SINHA
It could not make alterations in the methodology of tender. It could not have gone into the working of the project. ... The tender process is complete. Before us only a higher bid has been given. ... It was confined to rejection or acceptance of the tender. The Authority exercises a larger power. ... Singhvi relied upon, the tender was arbitrarily rejected. Therein the writ petition was dismissed in limine only on the premise that the question involved therein related to contractual....
2021 0 Supreme(Cal) 211 • India - Calcutta
SABYASACHI BHATTACHARYYA
The court emphasized that the alterations did not affect the eligibility to participate and were within the discretion of the tender-issuing ... of the tender-issuing authority, leading to the dismissal of the petition. ... The court emphasized the non-participation of the petitioners in the tender process and the absence of any direct impact on their ... It was further provided that in case the extension is regarding submission of first bid like pre-qualification documents in case of ....
2018 Supreme(Online)(KER) 57579 • India - High Court of Kerala
ANU SIVARAMAN, J
Tender - Writ Petition - Bid Submission Compliance List - The court affirmed that bids must conform to tender conditions, interpreting ... did not comply with tender requirements, specifically regarding the format of submission as outlined in the bid document. ... Issues: Whether the 7th respondent's financial bid submission was compliant with the stipulated tender conditions. ... There is no allegation as to any ....
2015 0 Supreme(Del) 20 • India - Delhi
S.RAVINDRA BHAT, VIPIN SANGHI
The court held that the rejection of the Baroda group's bids was not arbitrary and discriminatory, as the tender conditions clearly ... Whether the rejection of the Baroda group's bids was arbitrary and discriminatory? 2. ... argued that the rejection of their bids on the ground of mismatch between the prime mover capacity and the trailer capacity was arbitrary ... for striking down such action of the executive as is proved to be arbitrary or unreasonable. ... The Malik and Balwan Singh groups in their ....
2025 0 Supreme(Guj) 1565 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
and was disqualified for not meeting eligibility due to illegible document submissions, despite attempts to rectify the issue by ... (A) Manual for Procurement of Goods, 2017 - Clauses 3.10, 8(h), 8(j), and 8(k) - Tender application for contractor disqualified due ... (Paras 3, 8, 34, 39) ... ... (B) Judicial review in tender ... re-submission of documents in one tender and rejecting the same in another tender i.e. the present one. ... As per Contract Manual Clause 3.10 - Seeking A....
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