M/S SAM BUILT WELL PVT. LTD. versus DEEPAK BUILDERS & ORS.

M/S SAM BUILT WELL PVT. LTD. versus DEEPAK BUILDERS & ORS.

Judicial review of tender decisions is limited and cannot substitute technical evaluation absent malafides or perversity; the Division Bench erred in not deferring to expert committee findings of ineligibility. The Single Judge was correct in accepting technical evaluation; tender award to Respondent No. 1 must be set aside and restored to appellant willing to match the offer.

Parties
Appellant: M/S SAM BUILT WELL PVT. LTD.; Respondent No. 1: Deepak Builders; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
14 December 2017
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment
Outcome
appeal allowed
Legal Topics
Tender Process, Judicial Review, Eligibility Criteria, Technical Evaluation
Administrative Law Contract Law Tender Process Judicial Review Eligibility Criteria Technical Evaluation

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Parties

M/S SAM BUILT WELL PVT. LTD.

Appellant

Deepak Builders

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment

Legal Issues

  1. 1 Whether judicial review permits interference with technical evaluation of tenders absent malafides or perversity
  2. 2 Whether the Division Bench was correct in finding eligibility of Respondent No. 1 contrary to expert committee reports

Ratio Decidendi

Judicial review of tender decisions is limited and cannot substitute technical evaluation absent malafides or perversity; the Division Bench erred in not deferring to expert committee findings of ineligibility. The Single Judge was correct in accepting technical evaluation; tender award to Respondent No. 1 must be set aside and restored to appellant willing to match the offer.

Court Disposition

appeal allowed

Orders

  • Division Bench judgment set aside; Single Judge judgment restored
  • Tender awarded to Respondent No. 1 dated 20th August, 2017 set aside