Lawstreet Journal

No Right Accrues in Favour of Bidders of a Tender Offer Unless Approved by the Higher Authorities: Orissa HC [READ JUDGMENT]

Lawstreet Journal 11 Mar 2021 5:03pm

Image courtesy: Lawstreet Journal Judiciary No Right Accrues in Favour of Bidders of a Tender Offer Unless Approved by the Higher Authorities: Orissa HC [READ JUDGMENT]

The Orissa High Court recently dismissed the writ petitions filed by participants of a tender offer challenged the action of the Superintending Engineer and Chief Engineer in cancelling the tender.

A Bench consisting of Chief Justice S. Muralidhar and Justice B.P. Routray held that when the tender is yet to be approved by higher authorities, no right accrues in favor of the participants, and they cannot challenge the action of the authorities in cancelling the tender.

Background of the case:

 

In this case, a joint writ petition was filed by the three petitioners challenging the cancellation of Tender Call invited by the Executive Engineer, Bhubaneswar to execute the Hydro Mechanical Gate works under different Civil Divisions. The petitioners in this case were successful bidders, however, there was a delay in finalizing the tender process. 

The petitioners thereby filed individual petitions before the Court, and in the meantime, the Superintending Engineer and the Chief Engineer passed an order intimating the rejection of tender as the tender documents were found defective and the discrepancies regarding "Structure and Organization", "Plant and Equipment" and "Performance record" were noticed during re-scrutinization.

 

The petitioner further filed petitions challenging the instructions of the Superintending Engineer and Chief Engineer as well as for a direction to finalize the tender process in favour of the Petitioners. While the matter was pending, another Order was issued by the Executive Engineer cancelling the tender.

Contention of the parties:

 

The contention of the petitioners was that the order of cancellation passed by the Executive Engineer is erroneous as it is hit by the principles… Continue Reading...


Tagged: Orissa High Court  
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