Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC
1 week ago

Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC

Live Law  

The Calcutta High Court bench of Chief Justice T.S. Work credential was stipulated wherein the intending tenderers/bidders should produce credentials for supply of shrimp seed of minimum value of 30% in single work of the estimated amount put to tender during the last five years prior to the date of issue of e-tender. The second condition was that the intending tenderers/bidders should produce credentials of two numbers of completed works for supply of shrimp seeds of the minimum value of 20% of the estimated amount put to tender during the last five years prior to the date of issue of the e-tender notice. It was further submitted that there is no question of cartelization but the tenders were invited district wise as a part of centralisation of tender process which was pursuant to an audit para by the Principal Accountant General, West Bengal and centralisation of a tender process is at the discretion of the state and the same cannot be questioned by the appellant writ petitioner. The court further noted that the observations made by the Principal Accountant General pointing out the loss to the Government Exchequer on account of fragmented/split procurement process block wise had to be avoided and precisely for such reason, the notice inviting tender which were impugned in the writ petition have been centralised and tenders have been invited district wise.

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History of this topic

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously
1 month ago

Ensure Public Amenities Do Not Suffer: Punjab & Haryana HC Scraps FCI Tender, Directs Issuance Of Fresh Notification Expeditiously

Live Law  

The Punjab & Haryana High Court scrapped the tender floated by the Food Corporation of India with the direction to issue fresh notification so that public amenities do not suffer. Justice Sureshwar Thakur and Justice Vikas Suri said, "This Court is constrained to after accepting the writ petition, to pass a mandamus upon the respondent to scrap the subject tender, …

Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High Court
2 months, 3 weeks ago

Judicial Review Can Be Resorted To When Terms Of Invitation To Tender Are Alleged To Be "Tailor-Made" To Suit Certain Participants: J&K High Court

Live Law  

Underlining that judicial interference is warranted only in cases of arbitrariness, mala fide or procedural irregularities the Jammu and Kashmir and Ladakh High Court has observed that Court can show its indulgence in tender matters, particularly when the terms of an invitation to tender are alleged to be "tailor-made" to suit certain participants. it is made clear that the scope …

Let Contractors Bid for Tender: Telangana HC
6 months, 3 weeks ago

Let Contractors Bid for Tender: Telangana HC

Deccan Chronicle  

Hyderabad: Justice S. Nanda of the Telangana High Court directed the Civil Supplies Corporation to permit three contractors to bid for a transport tender. The judge passed the interim order while hearing a writ plea filed by Om Siva Sai Logistics and two logistics companies. The present writ petition questioned the tender condition which disqualifies a tenderer whose earnest money …

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore
1 year, 3 months ago

No Fundamental Right To Do Business With State: High Court Dismisses Contractors' Plea Against Karnataka Govt's Call For Tenders Above ₹1 Crore

Live Law  

The Karnataka High Court has refused to interfere with the government's decision to issue tenders under the Amrutha Nagarothana Scheme, wherein various works are clubbed together and the value of each tender was allotted to be more than Rs.1 crore. No person can claim a fundamental right to carry on business with the Government.” The petitioners had claimed that they …

Judicial Review Of Tender Conditions Is Limited: Andhra Pradesh High Court
1 year, 11 months ago

Judicial Review Of Tender Conditions Is Limited: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has dismissed a writ petition challenging the conditions imposed by the tender inviting authority, stating that judicial review in such matters is very limited. The Court referred to the Supreme Court judgment in Directorate of Education and others vs. Educomp Datamatics Ltd and others wherein it was held that the terms and conditions of the …

Winning Bidder Cannot Challenge Tender Cancellation After Accepting Refund Of Deposit: Bombay High Court
2 years ago

Winning Bidder Cannot Challenge Tender Cancellation After Accepting Refund Of Deposit: Bombay High Court

Live Law  

The Bombay High Court recently held that once the winning bidder of a tender accepts the refund of deposit paid to confirm the contract without any reservation, he cannot challenge the cancellation of the tender as the contract would stand rescinded. A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne upheld the cancellation of Central …

[O I R 10 CPC ] Party Executing Assignment Deed With Auctioneer After Successful Bidders Raise Dispute Qua Transaction Not Necessary Party: Calcutta HC
2 years, 3 months ago

[O I R 10 CPC ] Party Executing Assignment Deed With Auctioneer After Successful Bidders Raise Dispute Qua Transaction Not Necessary Party: Calcutta HC

Live Law  

The Calcutta High Court on Tuesday ruled that a party who entered into an assignment deed with an auctioneer, after the transaction with successful bidder was complete and a dispute regarding the same had arisen, is not a necessary party to the proceedings instituted by such bidder. Counsels for the applicant further contended that the applicant had issued a Sale …

Lowest Bidder Doesn't Enjoy Indefeasible Right To Be Awarded Contract, Can't Approach Court Against Tender Cancellation For Valid Reasons: Kerala HC
2 years, 4 months ago

Lowest Bidder Doesn't Enjoy Indefeasible Right To Be Awarded Contract, Can't Approach Court Against Tender Cancellation For Valid Reasons: Kerala HC

Live Law  

The Kerala High Court on Wednesday held that even if a tender process had been validly initiated, the Municipality is vested with the authority to cancel the said process for valid reasons, and call for fresh tenders. Ravi observed, "When the law does not recognise any indefeasible right in a lowest bidder to be awarded a contract, the petitioners cannot …

Tender Inviting Authority Can't Bind Bidders When Market Is Substantially Altered Amid Delay In Opening Bids: Madras High Court
2 years, 8 months ago

Tender Inviting Authority Can't Bind Bidders When Market Is Substantially Altered Amid Delay In Opening Bids: Madras High Court

Live Law  

The Madras High Court has allowed a petition for quashing the tender process after the bidders approached the court citing Indonesia's ban on the export of RBD Palmolein and other palm products as a Force Majeure Event which made it impossible for them to complete the tender process.Justice GR Swaminathan noted that Indonesia is a major supplier of Palmolein and …

Refrain From Interfering In Grant Of Tender Even If It Is Totally Arbitrary Or Malafide ; Instead Relegate Party To Seek Damages: Supreme Court
3 years ago

Refrain From Interfering In Grant Of Tender Even If It Is Totally Arbitrary Or Malafide ; Instead Relegate Party To Seek Damages: Supreme Court

Live Law  

The Supreme Court observed that a Court should refrain from interfering in the grant of tender even if it suffers from total arbitrariness and malafides. It should instead relegate the parties to seek damages for the wrongful exclusion rather than to injunct the execution of the contract, the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed. If the Court …

Court Cannot Second-Guess Authority's Interpretation Of Tender Unless It Is Arbitrary, Perverse Or Malafide, Reiterates Supreme Court
3 years, 11 months ago

Court Cannot Second-Guess Authority's Interpretation Of Tender Unless It Is Arbitrary, Perverse Or Malafide, Reiterates Supreme Court

Live Law  

An Authority's interpretation of its own Tender cannot be so second-guessed by a Court unless it is arbitrary, perverse or mala fide, the Supreme Court reiterated.In this case, a bid submitted by the appellant was accepted and it was awarded the contract. The High Court, while allowing the writ petition filed by another bidder, set aside it directed the authority …

"Court Is Not A Pedantic School Master" – Bombay High Court Dismisses BVG's Plea Challenging Civic Body's 'No-Blacklister' Condition In Hospital Tender
4 years ago

"Court Is Not A Pedantic School Master" – Bombay High Court Dismisses BVG's Plea Challenging Civic Body's 'No-Blacklister' Condition In Hospital Tender

Live Law  

A tender condition disallowing a contractor from participating in the process again, because his work was previously terminated, would not amount to blacklisting, the Bombay High Court has held while rejecting a petition by mechanised housekeeping major Bharat Vikas Group. A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni ruled that the Navi Mumbai Municipal Corporation was …

No Right Accrues In Favour Of Bidders Of A Tender Offer Unless The Same Is Approved By Higher Authorities: Orrisa High Court
4 years ago

No Right Accrues In Favour Of Bidders Of A Tender Offer Unless The Same Is Approved By Higher Authorities: Orrisa High Court

Live Law  

The writ petitions filed by participants of a tender offer challenging the action of the Superintending Engineer and Chief Engineer in cancelling the tender was dismissed by Orissa High Court. In this case, a joint writ petition was filed by the petitioners challenging the cancellation of Tender Call invited by the Executive Engineer, Bhubaneswar to execute the Hydro Mechanical Gate …

Article 226- HC Cannot Relax Terms & Conditions Of A Tender Notice: SC [Read Order]
5 years, 5 months ago

Article 226- HC Cannot Relax Terms & Conditions Of A Tender Notice: SC [Read Order]

Live Law  

The Supreme Court has observed that, in exercise of power under Article 226 of the Constitution of India, a High Court has no power to relax the terms and conditions of a tender notice. While upholding the Allahabad High Court order that dismissed a challenge against rejection of a candidature of a person who had applied for dealership of Liquified …

Improper Assessment Of Technical Bids In Public Tender: Allahabad HC Stays Opening Of Financial Bids [Read Order]
5 years, 6 months ago

Improper Assessment Of Technical Bids In Public Tender: Allahabad HC Stays Opening Of Financial Bids [Read Order]

Live Law  

In a petition filed by NCC Ltd., the Allahabad High Court has stayed opening of financial bids in tender for procurement of plant - design, supply and installation, floated by Purvanchal Vidyut Vitran Nigam. This interim order, passed by the division bench of Justices Ramesh Sinha and Ajit Kumar, is quite exceptional as public tenders, being in the realm of …

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