factual
background starting from the issuance of tender and culminating in
cancellation of said tender process by the impugned Resolution No. 108,
the High Court ... whereas fresh tender premium, after the cancellation of the
earlier tender process was fixed at Rs. 8358 per sq. mtrs
penalty clause from the tender documents was similarly a
serious deficiency in the entire tender process. Cancellation of the tender
process could not, in that ... been tailor made to benefit any particular tenderer or class of
tenderers. So also the authority inviting tenders can enter into
negotiations or grant relaxation
reasons for rejection of its tender.
17. With the annulment of the entire tender process Writ Petition
No.2142 of 2010 filed by Hung ... filed by RDS challenging the
rejection of its tender and annulment of the entire tender process was
maintainable in the light of the withdrawal
Reason:
herein to proceed in accordance with law qua the tender process by
further examining the Bid of the original writ petitioner, the original ... tender has been applied uniformly to all the bidders and there is no
discrimination at all. It is submitted that the entire tender process
tender is in the realm of contract. Normally
speaking, the decision to accept the tender or
award the contract is reached by process of
negotiations ... last date for submission
of tender papers. Pursuant thereto, four bidders participated.
The finalization of the tender process could not take place
because of interim
tender document, which are unreasonable and the petitioner,
though entitled to get any work, is debarred from participating in
the tender process. The conditions incorporated ... clause is not new to the tender
documents and the same is in application to the tender process.
Standard Bidding Document also contains the above
tender documents, from 3 p.m. onwards
the official website displayed error continuously. Expressing difficulty in
forwarding the tender documents by E-tendering process prior ... petitioner only manually, whereas the tender notification required the
intending tenderers to submit the same through e-tendering process alone.
When a particular method
seen that earlier
also the tenders were issued. However, because of non-sanction
of subsidy, the earlier tender process was scrapped and fresh
tender process ... should not interfere in matters relating to tender or contract. To set
at naught the entire tender process at the stage when the contract
Trust invited Tenders for
development of Berth No.8 into a Container Terminal
and permitted the Petitioner to participate in the
tender process. The tender ... Port Trust invited
tenders for the 8th Berth/Container Terminal at
Tuticorin and allowed the Petitioner to participate
in the tender process for about
abovementioned tender bid. It is also pertinent to
mention here that the present petitioner have not
challenged the tender process as such. Thereby
clearly reflecting ... tenderers then the tender will be finalized by
negotiation among the lowest tenderers and if
negotiation is not possible in that event the
.
tenders shall
