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Supreme Court of India 2017-12-14 allowed

Sam Built Well Pvt. Ltd vs Deepak Builders & Ors

Bench: 2 — R.F. Nariman

In Brief

The Supreme Court overturned a Division Bench decision that had set aside a Single Judge's order finding a bidder ineligible for a Rs. 162.18 crore institutional construction project. Three expert committees had declared the respondent ineligible under the tender's 'similar work' eligibility criteria. The Division Bench, while finding no malafides, had substituted its judgment to declare the respondent eligible. The Supreme Court held that where expert committees find no perversity and no malafides exist, courts must defer to technical evaluations. The Division Bench impermissibly conducted its own technical assessment beyond judicial review's proper bounds. The Court restored the Single Judge's judgment and set aside the tender award to the respondent."

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Tender Law Judicial Review Eligibility Criteria Technical Evaluation Contract Law Administrative Law

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