Case Note & Summary
The petitioners, Knowledge Infrastructure Systems Private Limited and its director, challenged a tender process issued by Maharashtra Power Generation Company Ltd. (Respondent No.1) for supply of coal. The tender was for four power stations and bids were submitted by multiple parties including MSTC Limited (Respondent No.2). The petitioners alleged that the opening of price bids was done in inexplicable haste, indicating mala fides to favour certain bidders. They relied on clause 14 of the tender which stated that the evaluation committee would first check EMD and tender fee. The court examined the submissions and found that the evaluation committee had the discretion to open price bids after techno-commercial evaluation. The court held that the haste alleged was not established and dismissed the petition.
Headnote
A) Tender Law - Judicial Review - Mala Fides - Haste - The court considered whether the opening of price bids in a tender process was done in inexplicable haste indicating mala fides. The court held that the evaluation committee had discretion to open price bids after techno-commercial evaluation and that the haste alleged was not established. (Paras 4-5)
Issue of Consideration
Whether the opening of price bids in a tender process was done in inexplicable haste indicating mala fides, thereby vitiating the entire tender process.
Final Decision
The court dismissed the writ petition, holding that the evaluation committee had discretion to open price bids and the haste alleged was not established.
Law Points
- Tender process
- Judicial review
- Mala fides
- Haste
- Discretion of evaluation committee
