M/S Shiva Transport Company Through Its ... vs Food Corporation Of India & Anr. on 13 July, 2021
In our judgment in SRSC Infra Private
Limited v. National Highways Authority of India 2021 SCC
OnLine Del 3640 we have quoted with approval, the Supreme Court
judgment Afcons Infrastructure Ltd. v. Nagpur Metro Rail
Corporation Ltd. & Anr. (2016) 16 SCC 818, wherein, the
Supreme court by relying on Central Coalfields Ltd. And Anr. v.
SLL-SML (Joint Venture Consortium) &Ors. (2016) 8 SCC 622
observed that "the decision making process of the employer or owner
of the project in accepting or rejecting the bid of a tenderer should
not be interfered with. Interference is permissible only if the decision
Signature Not Verified
W.P.(C) 9371/2020
Digitally Signed By:AMIT
ARORA
Page 10 of 11
Signing Date:27.07.2021
21:08:13
making process is mala fide or is intended to favour someone......In
other words, the decision making process or the decision should be
perverse and not merely faulty or incorrect or erroneous."