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Supreme Court of India 2024-04-02 allowed

LEVEL 9 BIZ PVT. LTD vs HIMACHAL PRADESH HOUSING AND

Bench: 2 — Bela M. Trivedi, Pankaj Mithal

In Brief

Level 9 BIZ Pvt. Ltd. challenged a High Court order that permitted revival of a cancelled tender process. HIMUDA had initially issued a tender for a commercial complex project, which was cancelled after a court-appointed independent committee found gross irregularities. HIMUDA later sought to revive the tender and award it to M/s Vasu Constructions (previously found not technically qualified). The High Court disposed of Vasu's writ petition by merely accepting counsel's statements, without proper reasoning or consideration of the committee's findings. The Supreme Court held that the High Court's order lacked proper application of mind and that HIMUDA had acted in bad faith and collusion with Vasu to circumvent the court process. The Court set aside the impugned order and held that HIMUDA must follow proper tender procedures afresh.

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Public Procurement Tender Law Administrative Law Judicial Review Constitutional Law Bad Faith and Collusion Civil Procedure

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