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Balaji Ventures Pvt. Ltd. vs Maharashtra State Power Generation ... on 11 February, 2022

In the matter of Balaji Ventures Pvt. Ltd. vs Maharashtra State Power Generation Company Ltd. and Anr. decided in Special Leave to Appeal (C) No(s). 1616 & 1673 of 2022, the Hon'ble Apex Court held that the tendering authority should always have the freedom to prescribe the eligibility criteria and/or the terms and conditions of the bid. Unless such conditions were found to be arbitrary, mala fide 5 and/or tailor made, the bidder/tenderer should not be permitted to challenge the bid condition/clause, which did not suit him and/or was not convenient to him.
Supreme Court - Daily Orders Cites 0 - Cited by 21 - Full Document

The Silppi Constructions Contractors vs Union Of India on 21 June, 2019

"20. The essence of the law laid down in the judgments referred to above is the exercise of restraint and caution; the need for overwhelming public interest to justify judicial intervention in matters of contract involving the State instrumentalities; the courts should give way to the opinion of the experts unless the decision is totally arbitrary or unreasonable; the court does not sit like a court of appeal over the appropriate authority; the court must realise that the authority floating the tender is the best judge of its requirements and, therefore, the court's interference 6 should be minimal. The authority which floats the contract or tender, and has authored the tender documents is the best judge as to how the documents have to be interpreted. If two interpretations are possible then the interpretation of the author must be accepted. The courts will only interfere to prevent arbitrariness, irrationality, bias, mala fides or perversity. With this approach in mind we shall deal with the present case."
Supreme Court of India Cites 15 - Cited by 312 - D Gupta - Full Document
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