Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
"11. Recently, in Central Coalfelds Ltd. v. SLL-
SML (Joint Venture Consortium) : 2016(8) SCALE
Mohite 19/23
ia3797-20.odt
99 it was held by this Court, relying on a host of
decisions 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 making process is mala fde or is
intended to favour someone. Similarly, the decision
should not be interfered with unless the decision is
so arbitrary or irrational that the Court could say
that the decision is one which no responsible
authority acting reasonably and in accordance
with law could have reached. In other words, the
decision making process or the decision should be
perverse and not merely faulty or incorrect or
erroneous.