KINECO LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The enlarged role of the Government in economic activity and its corresponding ability to give economic 'largesse' was the bedrock of creating what is commonly called the 'tender jurisdiction' with the objective of having greater transparency in the process was the observation of the Hon'ble Supreme Court in the decision in Uflex Ltd. Vs. Government of T.N. & Ors. (2021 SCC OnLine SC 738).

(2.) The present petition has been filed assailing the award of tender and placement of order on the 3rd respondent, as arbitrary, unjust, unreasonable, illegal and in stark violation of the tender conditions stipulated in the Notice Inviting Tender dtd. 21/9/2021, which is against the transparency, which is the bedrock of any tender process floated by the Government.

(3.) It is the case of the petitioner that pursuant to the Notice Inviting Tender (for short 'NIT') dtd. 21/9/2021, the petitioner had placed his bid for the supply of 354 sets of interior furnishing along with other persons. It is the case of the petitioner that bid documents were also submitted by respondents 3 to 5. It is the further averment of the petitioner that one of the main conditions of tender as found in Clause 10.11 of the NIT is that cartel formation is prohibited and in case of suspected cartel formation, as per clause 10.11.3, purchaser had reserved the right to place order on any firm/firms for any quantity without assigning reasons and as per clause 10.11.4, the firms, who quote in cartel, warning was issued that their names would be deleted from the list of approved sources.