UNION OF INDIA Vs. BHARAT FRITZ WERNER LIMITED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with some of the observations made by the High Court of Delhi at New Delhi in the last paragraph of its order dated 19.01.2021, while disposing of Writ Petition No. 5700/2020, the Union of India has preferred the present appeals.

(2.) That respondent no.1 herein filed the writ petition before the High Court of Delhi being Writ Petition No. 5700/2020 assailing the Letter of Acceptance dated 05.06.2020 issued by the Union of India in favour of respondent no.2 herein, in respect of the award of tender pertaining to lot No.3; ICB Ref. No. 21/TCSP/GOODS/P41/2018/TR/TC (Package41).

(3.) Having heard Shri Balbir Singh, learned Additional Solicitor General of India, appearing on behalf of the Union of India and Shri Gaurav Juneja, learned counsel appearing on behalf of respondent no.1 herein and having gone through the observations made by the High Court in the last paragraph of its order, made while disposing of the writ petition, reproduced hereinabove, we are of the opinion that the observations made by the High Court, reproduced hereinabove, were absolutely unwarranted. The High Court was not deciding a Public Interest Litigation. The High Court did not even decide the writ petition on merits. On the contrary, in the earlier paragraph, it was observed that it had not gone into the merits of the writ petitioner 's claim or the respondent 's defence. In such circumstances, such general observations should have been avoided by the High Court and the High Court ought to have restricted itself to the controversy between the parties before it. Even otherwise, on the basis of a solitary case, general observations could not have been made by the High Court that the Indian bidders are being discriminated against. We advise the High Courts not to make general observations which are not warranted in the case. The High Courts shall refrain from making sweeping observations which are beyond the contours of the controversy and/or issues before them.