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Supreme Court of India 2020-12-18 allowed

M/S GALAXY TRANSPORT AGENCIES, CONTRACTORS, TRADERS, TRANSPORTS AND SUPPLIERS vs M/S NEW J.K. ROADWAYS, FLEET OWNERS AND TRANSPORT CONTRACTORS & ORS

Bench: 3 — Rohinton Fali Nariman, Navin Sinha, K.M. Joseph

In Brief

A tender dispute involving transportation contracts for the Police in Jammu and Kashmir. The Tender Opening Committee declared Galaxy Transport Agencies technically eligible and awarded it the contract on a lowest-bid basis. A rejected bidder challenged this, and the High Court Division Bench set aside the award, finding the technical conditions were not met. The Supreme Court reversed the Division Bench's judgment, holding that the tendering authority's interpretation of tender conditions should not be second-guessed by courts, and the expert committee's technical evaluation cannot be substituted by judicial appraisal without evidence of arbitrariness or mala fides. The Court restored the Single Judge's judgment upholding the contract award.

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