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M/S. Universal Cables Limited & Others vs State Of Andhra Pradesh & Others on 25 January, 2018
cites
Dhingra Construction Co. vs Municipal Corporation Of Delhi And Ors. on 3 December, 2004
The decisions of the Delhi High Court in
DHINGRA CONSTRUCTION COMPANYs case (2 supra) and
in GHARDA CHEMICALS LIMITEDs case (3 supra) are also
not applicable to the facts of the instant case. Admittedly,
there are more than one bidders in the fray in this case and
it is not the case of monopoly and the concept of fair
competition is not subverted.
Gharda Chemicals Limited vs Central Warehousing Corpn. on 14 February, 2005
The decisions of the Delhi High Court in
DHINGRA CONSTRUCTION COMPANYs case (2 supra) and
in GHARDA CHEMICALS LIMITEDs case (3 supra) are also
not applicable to the facts of the instant case. Admittedly,
there are more than one bidders in the fray in this case and
it is not the case of monopoly and the concept of fair
competition is not subverted.
Jagdish Mandal vs State Of Orissa & Ors on 11 December, 2006
6. Senior counsel Sri S. Ravi, appearing for respondents
3 to 5 submitted that 2nd respondent-AP Transco has been
awarding similar nature of works as a single lot and one
such work is 182 kms of 220 KV lines and in the instant
case the object sought to be achieved in imposing such QRs
is obviously for early completion of the tender work so as to
co-relate with the construction work of the capital complex
of the State of Andhra Pradesh, and therefore no motives or
discrimination can be attributed in insisting such QRs by
the 2nd respondent. That the petitioners even without
participating in the bid cannot interdict the process which
is time bound. That the petitioners having not participated
in the tender process cannot espouse the cause of public
interest in this writ petition and their non-participation
does not render the tender non-competitive as there are
three bidders in the fray as joint venture partners. Relied
on decisions in JAGDISH MANDAL vs. STATE OF
ORISSA, & ASSOCIATION OF REGISTRATION OF
PLATES vs. UNION OF INDIA (UOI).
Association Of Registration Plates vs Union Of India (Uoi) And Ors. on 26 May, 2004
6. Senior counsel Sri S. Ravi, appearing for respondents
3 to 5 submitted that 2nd respondent-AP Transco has been
awarding similar nature of works as a single lot and one
such work is 182 kms of 220 KV lines and in the instant
case the object sought to be achieved in imposing such QRs
is obviously for early completion of the tender work so as to
co-relate with the construction work of the capital complex
of the State of Andhra Pradesh, and therefore no motives or
discrimination can be attributed in insisting such QRs by
the 2nd respondent. That the petitioners even without
participating in the bid cannot interdict the process which
is time bound. That the petitioners having not participated
in the tender process cannot espouse the cause of public
interest in this writ petition and their non-participation
does not render the tender non-competitive as there are
three bidders in the fray as joint venture partners. Relied
on decisions in JAGDISH MANDAL vs. STATE OF
ORISSA, & ASSOCIATION OF REGISTRATION OF
PLATES vs. UNION OF INDIA (UOI).
Meerut Devt.Authority vs Association Of Management Studies & Anr on 17 April, 2009
In MEERUT DEVELOPMENT AUTHORITY vs.
ASSOCAITION OF MANAGEMENT , the Supreme Court
explained what is a tender and the scope of judicial review
in such matters. At para 17 it was mentioned as under:-
Article 226 in Constitution of India [Constitution]
Bharat Biotech International Limited ... vs A.P. Health And Medical Housing And ... on 10 December, 2002
16. The Supreme Court while upholding the pre-qualification
criteria for award of tenders prescribed by the Karnataka State
Road Transport Corporation, it was observed that a Court
cannot interfere with the terms of the tender prescribed by the
government because it feels that some other terms would have
been fair, wiser or logical. If the government acts in conformity
with certain healthy standards and norms such as awarding of
contracts by inviting tenders, in those circumstances, the
interference by Courts is very limited. The Bench further
observed that a Court before interfering in tender or
contractual matters, in exercise of the power of judicial review,
should pose to itself the following questions: (i) Whether the
process adopted or decision made by the authority is mala fide
or intended to favour someone, or so arbitrary and irrational
that the court can say the decision is such that no responsible
authority acting reasonably and in accordance with relevant law
could have reached and (ii) Whether the public interest is
affected. If the answers are in the negative, then there should
be no interference under Article 226. The decision of this
Court in BHARAT BIOTECT INTERNATIONAL LIMITEDs
case (1 supra) is not applicable to the facts of this case. In
that case this Court found that there was only one
manufacturer of vaccine supply with WHO pre-qualification
and the State had definite information that only one such
manufacturer exists, yet for mysterious reasons the State
chose to call for tenders, which was held to be tailor-made
to suit only one person. The context in which that decision
is rendered is different as imposing the stipulation of WHO
pre-qualification certificate for participating in the tender
was challenged, but in the present case challenge is on a
different ground.
Article 301 in Constitution of India [Constitution]
1