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Allengers Medical Systems Limited vs Union Of India & Anr. on 21 March, 2023 cites

Tata Cellular vs Union Of India on 26 July, 1994

This was quite clearly stated by this Court (following Tata Cellular [Tata Cellular v. Union of India, (1994) 6 SCC 651] ) in Jagdish Mandal v. State of Orissa [Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517] in the following words: (SCC p. 531, para 22) "22. Judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. Its purpose is to check whether choice or decision is made "lawfully" and not to check whether choice or decision is "sound". When the power of judicial review is invoked in matters relating to tenders or award of contracts, certain special features should be borne in mind. A contract is a commercial transaction. Evaluating tenders and awarding contracts are essentially commercial functions. Principles of equity and natural justice stay at a distance. If the decision relating to award of contract is bona fide and is in public Signature Not Verified Digitally Signed By:RAHUL SINGH W.P.(C) 14261/2022 Page 11 of 15 Signing Date:23.03.2023 13:32:48 Neutral Citation Number - 2023:DHC:2068-DB interest, courts will not, in exercise of power of judicial review, interfere even if a procedural aberration or error in assessment or prejudice to a tenderer, is made out. The power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest, or to decide contractual disputes. The tenderer or contractor with a grievance can always seek damages in a civil court. Attempts by unsuccessful tenderers with imaginary grievances, wounded pride and business rivalry, to make mountains out of molehills of some technical/procedural violation or some prejudice to self, and persuade courts to interfere by exercising power of judicial review, should be resisted. Such interferences, either interim or final, may hold up public works for years, or delay relief and succour to thousands and millions and may increase the project cost manifold."
Supreme Court of India Cites 33 - Cited by 3275 - S Mohan - Full Document

Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016

13. The Supreme Court has further held that private interests must not be protected by way of the power of judicial review at the cost of public interest or to decide contractual disputes. It was in Central Coalfields Limited and Anr. v. SLL-SML (Joint Venture Consortium) and Ors., (2016) 8 SCC 622, that the Supreme Court rendered this observation and stated the following:
Supreme Court - Daily Orders Cites 9 - Cited by 360 - M B Lokur - Full Document

Jagdish Mandal vs State Of Orissa & Ors on 11 December, 2006

This Court then laid down the questions that ought to be asked in such a situation. It was said: (Jagdish Mandal case [Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517] , SCC p. 531, para 22) "22. ... Therefore, a court before interfering in tender or contractual matters in exercise of power of judicial review, should pose to itself the following questions:
Supreme Court of India Cites 9 - Cited by 887 - R V Raveendran - Full Document
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