SC says courts would not interfere with tendering process if it is bonafide
SC’s observation came while dismissing interim plea of Shapoorji Pallonji & Company Private Ltd. against grant of tender to another firm for setting up waste water treatment facilities in Mumbai
New Delhi: The Supreme Court said on Tuesday ordinarily courts would not interfere with the tendering process if the scrutiny of tenders has been conducted in a "bonafide manner." The top court's observation came while dismissing an interim plea of real estate and construction firm Shapoorji Pallonji and Company Private Ltd. against grant of tender to another firm for setting up waste water treatment facilities in Mumbai.
The Shapoorji Pallonji (SP) group company alleged the firm that was awarded the tender to set up sewage treatment plants by the municipal body, was ineligible on various counts. A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala took note of the submissions of the counsel for the municipal corporation that there was no truth in the allegation of "malafide" in the award of contract for setting up STPs.
"The technical bids were scrutinised in a bonafide manner," the bench said while dismissing the plea of the SP group firm against the award of the tender.
"Ordinarily, the courts will not interfere in such matters when the tenders are granted in a bonafide manner," the bench said.
The Mumbai municipal body had awarded contracts for wastewater treatment facilities at seven locations-- Versova, Bhandup, Ghatkopar, Dharavi, Worli, Bandra and Malad.
Letters of acceptance were issued between May 27 and 31, 2022 after the tendering process was completed, the municipal body had said in its status report filed in the top court on July 15.
