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2015 (10) TMI 2727 - SUPREME COURTCancellation of Tender Notice - quashing of e-tender process - non-submission of draft by some of the bidders (containing the tender cost and earnest money) required to be filed along with the tender - Held that:- A careful reading of the impugned judgment and order would show that none of the aforesaid aspects have been borne in mind by the High Court and it has failed to appreciate the same in a proper perspective while exercising its judicial review power. The High Court has erred in quashing the decision of the Appellant-Corporation regarding the cancellation of its earlier tender notice and also the subsequent tender notice issued afresh by it on 13.12.2012 for the same works. The High Court has failed to see that the Appellant-Corporation adopted a fair and transparent method by inviting the bids for the re-tender notice issued by it. The High Court has not found any malafide intention on the part of Appellant-Corporation in inviting the fresh bids after taking the decision to cancel its earlier tender notice. The Appellant-Corporation, being the custodian of public finance, took its decision objectively with a bonafide intention to serve the best interest of the public in general - the Appellant-Corporation has not committed any wrong in cancelling its earlier tender notice and issuing subsequent tender notice afresh inviting bids from the eligible contractors. The decision of the High Court in quashing the Appellant-Corporation's decision of cancelling the earlier tender vide corrigendum dated 30.11.2012 and also the subsequent e-tender process is vitiated in law and therefore, the same is liable to be set aside - appeal allowed.
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