M/S N.G. Projects Limited vs M/S Vinod Kumar Jain on 21 March, 2022
13. The defence of the respondent no. 4 with regard to the agreement
entered into with the JSS hospital, Mysore, does not fulfil the tender
conditions by way of the documents, statutory and non-statutory, which
were to be submitted by the respondent no.4. Hence, this Court finds
substance in the petitioner's case that the respondent no. 4 lacked the
eligibility for being awarded for the work order. N.G. Projects Limited vs
Vinod Kumar Jain; 2022 6 SCC 127 has been cited on behalf of the
respondents on the point of the writ court refraining from imposing its
decision over the decision of the employer as to whether a bid should be
accepted or not does not assist the respondents since the Supreme Court
was of the view that the Court can and should examine as to whether the
decision-making process is in sync with the tender conditions. In any event,
the scope of work completed in the said decision was infrastructure project
under Section 41(ha) of the amended The Specific Relief Act, 1963.