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M/S Shree Enterprises Thru.Sanjay Jain vs National Fertilizers Limited on 22 February, 2018

14. To support the aforesaid, he has drawn our attention to the decision of the Division Bench in the case of Maxima Traders Pvt. Ltd. vs. State of MP reported in 2014 (II) MPWN 5, decision of Apex Court in the case of Michigan Rubber (India) Ltd. vs. State of Karnataka & others reported in 2012 (8) SCC 216 and submitted that in matters of formulating conditions of tenders and awarding contract, greater latitude is to be conceded to State authorities, unless action of tendering is malafide and is a misuse of statutory powers, interference by Court is not warranted. If the State or its instrumentalities act reasonably, fairly and in public interest in awarding contract, interference by Court is very restrictive since no person can claim a fundamental right to carry on business with the government. The government and their undertakings must have a free hand in setting terms of the tender and only if it is arbitrary, discriminatory, malafide or actuated by bias, the Courts would interfere. The Courts cannot interfere with the terms of the tender prescribed by the government because it feels that some other terms in 6 W. P. No.2230 of 2017 the tender would have been fair, wiser or logical.
Madhya Pradesh High Court Cites 7 - Cited by 0 - P K Jaiswal - Full Document

M/S Shree Enterprises Thru.Sanjay Jain vs National Fertilizers Limited on 27 October, 2017

An objection regarding maintainability of this writ petition has been raised on the ground that petitioner never participated in the tender issued by the respondent nos.1 and 2, therefore, petitioner can not challenge the same and also submitted a decision passed in the case of Maxima Traders Pvt. Ltd. v. State of M.P. reported in 2014 (II) MPWN 5. Learned counsel for the petitioner submitted that notices have already been issued, therefore, he prays for time to file reply and argue on the admission as well as on the primary objection raised by respondents.
Madhya Pradesh High Court Cites 1 - Cited by 0 - Full Document
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