| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Tender - Finalization of the bid - Evaluation report by the Consultant - |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Tender - Finalization of the bid - Evaluation report by the Consultant - Judicial review - Held: Jn a complex fiscal evaluation, the court has to apply the doctrine of restraint - Financial computation involved, the capacity ana efficiency of the bidder and the perception of feasibility of completion of the project have to be left to the wisdom of the financial experts and consultants who have knowledge and skills in the field - Courts cannot really enter into the said realm in exercise of power of judicial review - If the courts would exercise power of judicial review in such a manner it is most likely to cause confusion and also bring jeopardy in public interest - Further, an aggrieved party can approach the Court at the appropriate stage, not when the bids are being considered~ Once the price bid was opened, a bidder could not have submitted representations on his own and sought mandamus from the Court to take certain aspects into consideration - On facts, Consultant analysed and determined the offers regard being had to the tender conditions - Documents were called for by the owner from both the qualifying bidders in a transparent manner and the same were considered at the time of evaluation by the Consultant - It was carried out before receipt of any additional document from either side - Thus, the Division Bench erred in adopting the approach of an appellate forum or authority and extended the principle of iudicial review to certain areas - Order of Division Bench set aside - Tamil Nadu Transparency in Tenders Act, 1998. |
| Judge | Honble Mr. Justice Dipak Misra |
| Neutral Citation | 2016 INSC 968 |
| Petitioner | Tamil Nadu Generation And Distribution Corporation Ltd. (tangedco) Rep. By Its Chairman Managing Director And Anr. Etc. |
| Respondent | Csepdi - Trishe Consortium, Rep. By Its Managing Director & Anr. |
| SCR | [2016] 7 S.C.R. 495 |
| Judgement Date | 2016-10-18 |
| Case Number | 10182-10183 |
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