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Supreme Court Allows Appeal Against Arbitrator Appointment in Tender Dispute Due to Absence of Concluded Contract. No Valid Arbitration Agreement Found as Letter of Intent Was Contingent on Formal Work Order Under Section 7 of Arbitration and Conciliation Act, 1996.

The dispute arose between Maharashtra State Electricity Distribution Company Limited (MSEDCL), a state government electricity distribution utility, an...

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High Court Dismisses Writ Petition by Petitioner Challenging Tender Rejection by KPTCL - No Violation of Natural Justice Found in Battery Energy Storage System Tender Process

The petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of its bid in a tender process...

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Judicial Review of State Actions in Contractual Disputes: Evolution and Current Scope. From Traditional Boundaries to Modern Oversight: Ensuring Fairness and Transparency in State Contractual Matters

The evolution of judicial review in India regarding state actions in contractual and tender disputes. Historically, such disputes were seen as private...

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High Court of Karnataka Quashes Tender Notification in Lalbagh Entry Fee Collection Case — Violation of Transparency and Level Playing Field. Fresh Tender Directed with Revised Conditions to Ensure Fair Competition Under Article 14 of the Constitution.

The petitioner, Karnataka Commercial and Industrial Corporation Pvt. Ltd., a private limited company engaged in manpower services and collection of en...

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Supreme Court Allows BEST and EVEY Appeals in Electric Bus Tender Dispute. Tender Condition Requiring 200 Km Range in Actual Conditions Upheld as Valid and Non-Arbitrary.

The Supreme Court allowed the appeals filed by BEST and EVEY Trans Pvt. Ltd. and set aside the Bombay High Court's order dated 05.07.2022. The dispute...

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Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

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Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

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Bombay High Court Allows Writ Petition Challenging Tender Award for Water Supply Scheme. Court sets aside award to Respondent No.5 and directs fresh evaluation of petitioner's bid as per tender conditions.

The petitioner, Jain Irrigation Systems Limited, a company incorporated under the Companies Act and engaged in manufacturing plastic pipes and executi...

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Bombay High Court Dismisses Petitioner's Challenge to Tender Process for Sale of Sugar and Scrap. Court Holds That No Vested Right Accrues to Highest Bidder Until Contract Is Awarded, and Tender Inviting Authority Has Discretion to Cancel or Modify Tender Process.

The petitioner, Shivram Enterprises, filed a writ petition challenging the tender process conducted by respondent no. 2, Sanjivani Sahakari Sakhar Kar...

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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...