M/S. Mspl Gases Limited vs M/S. Steel Authority Of India Limited on 1 December, 2008
22. In so far as the malafides alleged by the appellant are concerned, it is to be kept in mind that the burden of establishing malafide is very heavy on the person who alleges it. The allegations of malafides are often more easily made than proved, and the very seriousness of such allegations demands proof of a high order of credibility. Of course, it is not necessary that such malafide to be established only by direct evidence. The Court has to find out as to whether the said authority left out relevant factors or taken into account irrelevant factors. Even the decision could be one of many choices open to the authority to decide upon the choice and not for the Court to substitute its view. Followed (Delhi Development Authority vs. UEE Electricals Engineering 2004 11 SCC 213 and Reliance Airport Developers (P) Ltd vs. Airports Authority of India and others (2006) 10 SCC 1.