In Brief
N.G. Projects Limited was awarded a road construction contract after its technical bid was found responsive by the tender evaluation committee, while the respondent's bid was rejected as non-responsive due to defects in the bank guarantee format and validity. The respondent challenged the award through a writ petition, and the High Court quashed the contract award. The Supreme Court allowed the appeal, holding that the tender authority—being the author of tender documents—is the best judge of bid responsiveness. Courts must exercise restraint in reviewing tender decisions and should not interfere unless there is manifest arbitrariness or mala fides. Since construction of roads is an infrastructure project, and the respondent failed to substantiate claims of unequal treatment, the contract award was valid. The Court directed the appellant to resume and complete the work, excluding the stay period from the contract timeline.
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