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Supreme Court Allows State Appeal in Tender Cancellation Case — Public Interest Justifies Cancellation of LoI Despite Prior Acceptance. Non-Arbitrariness in State Action Not Established When Cancellation is Based on Legitimate Concerns Over Technical Compliance and Financial Viability.

The dispute arose from a tender issued by the State of Himachal Pradesh for the supply, installation, and maintenance of electronic Point-of-Sale (ePO...

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Supreme Court Allows Appeals in Coal Mines (Special Provisions) Act Case, Overturning High Court's Grant of First Right of Refusal. The Court Held That Section 11 of the Act Does Not Confer a First Right of Refusal and Upheld the Competitive Bidding Process for Appointing a Mine Developer-cum-Operator.

The Supreme Court of India heard civil appeals arising from special leave petitions concerning a dispute over the interpretation of Section 11 of the ...

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Supreme Court Allows Appeal by MSEDCL in Electricity Tariff Dispute Over Change in Law Due to Wildlife Notification. Held that the notification declaring buffer zone around Tadoba Tiger Reserve constituted a 'Change in Law' under PPAs, entitling APML to compensatory tariff for all four PPAs.

The present appeals arise from a dispute between Maharashtra State Electricity Distribution Company Limited (MSEDCL), the appellant, and Adani Power M...

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Bombay High Court Dismisses Petition Seeking Physical Bid Submission in Online Tender Process. Court Holds That Government Resolution Dated 27.09.2018 Mandating Online Submission Does Not Violate Principles of Natural Justice or Arbitrary Exercise of Power.

The petitioner, M/s. AGC-SCCPL JV, a joint venture bidder, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the...

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High Court of Karnataka Allows Writ Petition Challenging Cancellation of Tender for Smart Classrooms — Violation of Natural Justice and Legitimate Expectation. Government Order dated 5.7.2016 quashed as it was passed without hearing the successful bidder and without valid reasons.

The petitioner, M/s Siddharth Infotech Pvt Ltd, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the Governme...

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Bombay High Court Dismisses Petition Challenging Cancellation of Tender Award for Non-Submission of Performance Bank Guarantee. Tender Conditions Requiring Strict Compliance with Time Limits for Furnishing Bank Guarantee and Letter of Acceptance Are Valid and Enforceable.

The petitioner, Proactive In & Out Advertising Pvt. Ltd., challenged the cancellation of a tender award by Pune Mahanagar Parivahan Mahamandal Ltd. (r...

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Bombay High Court Dismisses Defendant's Application for Discovery and Inspection in Gas Supply Contract Dispute. No Contractual Relationship Established as GSPA Not Signed.

The plaintiff, NTPC Limited, filed a suit against Reliance Industries Limited seeking a declaration that no contract existed between them for the supp...

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Bombay High Court Dismisses PIL Challenging Toll Road Tender and Concession Period. Policy decisions regarding toll collection and concession periods are not subject to judicial review unless arbitrary or mala fide.

The petitioner, Nandu Sambaji Nagarkar, a social worker, filed a Public Interest Litigation before the Bombay High Court, Nagpur Bench, challenging th...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...