Public procurement challenge regarding tender discharge. Court held no right to challenge discharge before contract conclusion. Ordered deposit refund and liberty to participate in fresh tender.
Liberty granted to participate in fresh tender and refund of deposit within two weeks.
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WPL. 2007-15
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) No. 2007 OF 2015
M/s. Maruti Goods Movers Pvt. Ltd. ... Petitioners Vs.
Union of India ... Respondents
Ms. Astha Tahamankar i/b Arvind Dubey, for the Petitioners. Mr. Chetan Agrawal, for the Respondents.
CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ. DATE : AUGUST 11, 2015 PC.
Petitioners and the Respondents. Petitioners are aggrieved by an order of the Respondents discharging the tender which was floated. The said
decision was communicated to the Petitioner by a letter dated 8.7.2015. It is submitted that the Petitioners had given the bank guarantee and they were the highest bidder and therefore, they are entitled to be awarded the tender contract.
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WPL. 2007-15
free to apply again. By the order passed by the learned Single Judge in Arbitration Petition (L) No. 817 of 2015 on 29th April, 2015 Petitioners were permitted to participate in the tender bid.
legal right of challenging the impugned discharge order of the Respondents since it was not a concluded contract between the parties. It is an admitted position that the tender was not allotted to the Petitioners, and therefore, it is always open for the Respondents to withdraw the tender before allotment is done. Liberty is granted to the Petitioners to participate in the fresh tender process. Deposit which is made by the Petitioners be refunded within two weeks. Writ petition is disposed of in the aforesaid terms.
Vinayak Halemath
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2 issues framed by the court
Whether the petitioners had a legal right to challenge the discharge of the tender before contract conclusion.
Whether the petitioners are entitled to have their deposit refunded upon the discharge of the tender.
M/s. Maruti Goods Movers Pvt. Ltd.
Union of India
V. M. Kanade
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
