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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

The case involved a dispute over the award of a contract for supply of commercial vehicles by the Kashmir Police. The tender required bidders to own at least 30 vehicles including both heavy motor vehicles (HMV) and light motor vehicles (LMV), and to have 5 years' work experience. Galaxy Transport was selected as the lowest bidder after technical evaluation found it met all eligibility requirements. The High Court Division Bench annulled the award, holding that the eligibility condition meant either HMV or LMV only and that Galaxy had insufficient work experience. The Supreme Court allowed Galaxy's appeal, restoring the Single Judge's judgment, ruling that the tender authority's interpretation of its own terms must be deferred to unless manifestly perverse, and technical evaluations by expert committees should not be second-guessed by courts.

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