Nuziveedu Swathi Coastal Consortium vs The State Of Andhra Pradesh on 5 June, 2018
In the case of PRABHA ARORA AND ANOTHER v. BRIJ MOHINI
ANAND AND OTHERS14, the issue that fell consideration before the Hon'ble
Apex Court was with regard to an alteration/modification of the terms of
contract and the Apex Court held that the doctrine of fairness cannot be
invoked to amend, alter or vary the express terms of the contract between
the parties and that the tender terms are contractual and it is the privilege of
the Government which invites its tenders and the Courts do not have the
jurisdiction to judge on as to how the tender terms to be framed. In the
considered opinion of this Court, the said decision of the Hon'ble Apex Court
would not render any assistance to the case of the respondents in the
absence of such contingencies of said nature in the present case.