2012 (5) TMI 840 - HC - Indian Laws

Summary

Issues Involved:
The issues involved in this judgment include review of an order passed in a writ petition related to a contract bid, delay in filing the review application, interpretation of interim orders in a separate writ petition, allegations of illegality in the tender process, and the legal enforceability of a bidder's right.

Review Application and Delay:
The review application was made by the petitioners to review the order passed in the writ petition concerning a contract bid condition. The application also sought condonation of the delay in filing the review application. The delay was noted to be 42 days, and it was highlighted that the review application was not filed by the original counsel who argued the writ petition.

Interpretation of Interim Orders:
The applicants referenced a separate writ petition filed by M/s. Vikas Enterprises regarding the cancellation of a tender process. An interim order was passed in that petition allowing the tender process to proceed but withholding the declaration of results. The applicants contended that this order was not extended, and the respondents proceeded with the tender process and declared results without considering the pending writ petition.

Allegations of Illegality in Tender Process:
The applicants alleged that the respondent authority re-invited the tender for the same work that was subject to a pending writ petition, without disclosing this fact. They argued that this action was illegal and disadvantaged them in the bidding process. The applicants claimed that their bid was substantially responsive and offered the lowest evaluated bid price.

Legal Enforceability of Bidder's Right:
The judgment emphasized that a bidder does not have a legally enforceable right to compel acceptance of their bid. It was noted that the applicants had admitted to lapses in submitting the tender bid, including a clerical mistake in the bank guarantee. The court concluded that there were no grounds to pass an affirmative order in favor of the applicants within the scope of the review. The review application was dismissed on merit, with no costs imposed.