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Supreme Court of India 2020-12-18 allowed

Galaxy Transport Agencies, Contractors, Traders, Transports and Suppliers vs New J.K. Roadways, Fleet Owners and Transport Contractors & Ors

Bench: 3 — R.F. Nariman

In Brief

In a tender dispute involving the supply of commercial vehicles to Kashmir police, the Supreme Court reversed the High Court's Division Bench decision that had quashed a contract awarded to Galaxy Transport Agencies. The Division Bench had found the winning bidder ineligible based on its interpretation of tender conditions regarding vehicle types and work experience. The Supreme Court held that the tender-authoring authority's interpretation of tender conditions deserves judicial deference unless proved to be mala fide or perverse. The expert Tender Opening Committee's evaluation of technical qualifications cannot be substituted by judicial appraisal without evidence of arbitrariness. The appeal was allowed and the Single Judge's judgment upholding the contract award was restored.

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Public Procurement Tender Law Administrative Law Judicial Review Contract Interpretation

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