Thursday, January 14, 2021

Tender Bidders ... Rights

Tender.............. Bidders .......... Right.......!
                                    

- Basically qualified bidder may take part in the tender.

- Bidder cannot insist that their tenders should be accepted simply because a given tender is highest or lowest depending upon contract.

- The authority publishing the tender is bound to adhere to the essential terms , norms , standards and procedures laid down by it and cannot depart or deviate from the arbitrarily much less giving relaxation.

- The authority is also free to grant any relaxation for bona fide and cogent reasons.

- The court can not generally review decision of tender .

- But the court may review decision of tender if decision maker acted improperly , for benefit of any particular renders or class of tenders.

- - - Relevant Provision - -

- Section 3 to 9 [i.e.Chapter 1 ] of The Indian Contract Act 1872.

= = = Relevant Judgement = = 

- Jalgaon Golden Transport Pvt.Ltd. v/s Union of India and Others 2020(6) Mh.L.J.532.

 - In which 18 judgements are referred most of referred judgements are of Supreme Court

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