Delhi HC dismisses plea by JBM Ecolife challenging rejection of its bid

JBM Ecolife in the petition has argued that the rejection of its bid on account of debarment of a sister concern i.e. JBM Electric Vehicles Pvt Ltd was done without following the principles of natural justice and statutory norms and that CESL could not have rejected its bid on account of another company’s debarment.

Mr. Dushyant Dave and Mr. Rajiv Nayyar, Senior Advocates appeared on behalf of Petitioner, JBM Ecolife. Mr. Chetan Sharma, Ld. ASG along with Mr. Apoorv Kurup and Mr. Manish Mohan, Advocates appeared on behalf of the Respondent No.1 (Union of India). Mr. Parag Tripathi, Senior Advocate appeared on behalf of Respondent No.2 (CESL). Dr. Abhishek Manu Singhvi and Mr. Gopal Jain, Senior Advocates along with Ms. Nandini Gore, Senior Partner, Karanjawala & Co, along with Ms. Aditi Bhatt, Mr. Sarthak Gaur and Mr. Yash Dubey appeared on behalf of Tata Motors Ltd, the impleader in the writ petition.

The reliefs sought in the writ petition were opposed by Tata Motors Ltd on the ground that the Petitioner, JBM Ecolife has failed to make Tata Motors Ltd a party in the writ petition despite it being a necessary party; that scope of judicial scrutiny in tender matters is limited; that there is no obligation to award contract to lowest bidder when tender conditions have not been complied with; and that any judicial interference in the tender process would cause delay in the process, lead to loss to the public exchequer and be against public interest. The writ petition was heard at length by Hon’ble Mr. Justice Yashwant Varma and by judgment pronounced today i.e. 10.05.2022, the writ petition was dismissed.

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