In Brief
The Supreme Court upheld the rejection of a contractor's technical bid in the JICA-funded Mumbai-Ahmedabad High Speed Rail project by the National High Speed Rail Corporation Limited (NHSRCL). The contractor challenged the rejection, arguing the evaluation was discriminatory and that confidentiality clauses unfairly prevented early disclosure of reasons. The Court held that in foreign-funded sovereign projects with non-negotiated terms set by the financing country, judicial review is narrower than domestic contracts. The JICA consultant's decision to reject the bid as non-compliant was binding on NHSRCL. Confidentiality clauses are justified to prevent mid-process litigation that delays critical infrastructure. Courts must exercise restraint, as unwarranted delays harm national interest and future foreign investment.
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