Judgments - Tenders
Vatash Sharma Vs. Indore Development Authority & another
Law laid down - 1. Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Madhya Pradesh Vikas Pradhikarano Ki Sampatiyon Ka Prabandhan Tatha Vyayan Niyam, 2018 - Vyayan Niyam prescribes the method for disposal of the property of Development Authority. The IDA issued NIT for third and fourth time respectively. After cancelling the bid of petitioners, the new NIT was issued based on the fact that after end of Corona curfew, the market value of shops is enormously enhanced. This is not the factor Full Judgment
Vaibhavi Enterprise Versus Nobel Cera Coat & Ors.
UFLEX LTD. Versus GOVERNMENT OF TAMIL NADU & ORS.
M/s.Shanti Construction Vs. M/s.Aavantika Gas Ltd & Ors.
Law laid down - 1. Constitution of India – Article 12 – Whether Avantika Gas Ltd (AGL) is an instrumentality/authority and amenable to writ jurisdiction of High Court. As per averments of reply of AGL - it is a public company limited - a joint venture of two PSUs namely GAIL and HPCL - government does not hold share in AGL “directly” - government has no pervasive/deep control in the “day to day affairs” of AGLgovernment has no direct share holding Full Judgment
M/s K & J Projects Private Limited Versus Madhya Pradesh Road Development Corporation & anr.
AICONS Engineering Pvt. Ltd. Versus Madhya Pradesh Road Development Corporation & anr.
MONTECARLO LIMITED & ANR VERSUS NATIONAL HIGH SPEED RAIL CORPORATION LIMITED
Multitask Solutions Versus Zilla Parishad Washim & Ors.
SOUTH EASTERN COALFIELDS LTD. & ORS. Versus M/s. S. KUMAR’s ASSOCIATES AKM (JV)
Mohammad Sultan Khan Vs. Union of India & Ors.
Law laid down - Article 226 of the Constitution – Judicial review of contract matter – Law summarised- if the decision making process is shown to be arbitrary, unreasonable and hits Wednesbury principles, interference can be made. Clause 8 of the NIT – The bidder was required to furnish informations regarding the vehicle to be provided by him. The respondent No.4 has not filled up relevant entries of the prescribed form and did not file relevant documents along with his tender. The Full Judgment
Shrishti Infrastructure Development Corporation Limited Vs. The State of Madhya Pradesh and others
Law laid down:- 1. Scope of jurisdiction of the High Court in the matter of award of contracts by the Government and its instrumentalities - Held - evaluation of tenders and awarding of contracts are essentially commercial functions and principles of equity and natural justice stay at a distance in such matters. If the decision relating to award of contract is bona fide and is in public interest, the courts will not interfere by exercising power of judicial review even if Full Judgment
Piyush Kumar Sheth Vs. State of Madhya Pradesh & Others
Law laid down - 1. Government contract/tender - Notice inviting tender (NIT)-- Cancellation of – Judicial review – Judicial review is limited to see whether order/action is arbitrary, capricious, malafide or hits wednesbury principle – The element of public interest is also relevant which needs to be looked into. 2. Single tender - CVC guidelines – In the light of CVC guideline, it cannot be said that the decision to cancel the single tender is either arbitrary or unreasonable or actuated with malafide. Full Judgment