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Vivek Vithal Gawai Vs the Delhi Mumbai… — Public Procurement and Tenders | Bombay HC (2016)

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Bombay HC
2016
Vivek Vithal Gawai Vs the Delhi Mumbai Industrial CoVivek Vithal Gawai v. the Delhi Mumbai Industrial Corridor D

Dismissed

Vivek Vithal Gawai v. the Delhi Mumbai Industrial Corridor Development Corporation Thru Its Managing Director and Another

Bombay HC13 Jan 2016WP/409/2016

Case brief

AI extract

What is this about?

The petitioner challenged tender conditions 2.2.2 and 2.2.3 alleging joint venture favoritism and stringent financial requirements. The court found no substance in the contentions and rejected the writ petition, holding no interference was called for.

What did the court decide?

The Writ Petition stands rejected.

What the court decided

AI extract

Outcome

The Writ Petition stands rejected.

Issue for consideration

Whether the High Court should interfere with the tender conditions prescribed by the tendering authority under Article 226 of the Constitution. +1 more

Detailed headnote1 paragraphs

In a writ petition challenging public tender conditions, the High Court held that the tendering authority prescribes conditions based on the nature of work and finances. Finding no substance in claims of discrimination or lack of standard bidding document compliance, the court exercised no interference under Article 226 and dismissed the petition.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Writ Petition No.409/2016

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

WRIT PETITION NO.409 OF 2016

Shri Vivek Vithal Gawai

... PETITIONER

VERSUS

The Delhi Mumbai Industrial Corridor and another

... RESPONDENTS

Shri D.S. Bagul, Advocate for petitioner Shri A.B. Girase, Govt. Pleader for State

CORAM: R.M. BORDE AND A.I.S. CHEEMA, JJ. DATED: 13th January, 2016.

ORAL ORDER :

The petitioner is objecting to the tender conditions recorded in the tender document published on 7.8.2015. The objection of the petitioner is in respect of the tender Condition No.2.2.2 and 2.2.3. It is contended that the joint venture has been extended a favourable statement and further that there are

Writ Petition No.409/2016

2

stringent financial conditions laid down in respect of individual bidder, which is not contemplated under the standard bidding documents.

It is not a matter of dispute that the tenders have already been submitted in the month of December 2015 and the process is at advanced stage. Apart from this, we do not find any substance in the contentions of the petitioner that the conditions recorded in the tender notice are stringent or discriminatory in any manner. It is for the tendering authority to prescribe necessary conditions taking into account the nature of the work and the finances involved. In exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for. Writ Petition is devoid of substance, hence stands rejected.

fmp/wp409.16

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the High Court should interfere with the tender conditions prescribed by the tendering authority under Article 226 of the Constitution.
2.
Whether the objected tender conditions No.2.2.2 and 2.2.3 are stringent or discriminatory and lack substance.

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226

Parties & counsel

AI extract

petitioner
Shri Vivek Vithal Gawai
respondent
The Delhi Mumbai Industrial Corridor

Coram

AI extract

R.M. Borde
A.I.S. Cheema

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 13 Jan 2016 · January
Registered: 12 Jan 2016
Case no.: WP/409/2016
CNR: HCBM030472792015
Topic: Public Procurement and Tenders
Bench: R. M. Borde A. I. S. Cheema
Disposal: Rejected at Admission stage

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Cite this judgement

Vivek Vithal Gawai v. the Delhi Mumbai Industrial Corridor Development Corporation Thru Its Managing Director and Another, WP/409/2016 (BOM), decided on 13 January 2016.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticle 226

View all statutes

Bench / Coram

R.M. Borde and A.I.S. Cheema

Parties & counsel