disclosure of some litigation history. It is graphically clear that to disqualify a bidder applying the said clause, the municipal corporation would be required to examine the bid documents, and on such examination the municipal corporation is required to record its subjective satisfaction, on the existence of any of the three aspects as contained in the said clause, which inter alia pertain to any false representations, record of poor performance and the disclosure of the litigation history. Such examination and consideration would take within its ambit, a duty and an obligation to form an opinion on the relevancy of such disclosure, also when it comes to disclosure of the litigation history and which has to be only in the context of the tender. The test is of a nexus of the said litigation with the award of the tender, the performance of the work under the tender, applying the test of public interest. The tendering authority is required to form an opinion that the nature of the litigation is such, which being not disclosed by a bidder, would seriously prejudice public interest from the perspectives we have noted. In other words the municipal corporation would become entitled to take a decision that a particular litigation with which the bidder is involved is not relevant for the purposes of the tender and that it does not affect the public interest .
