Shapoorji Pallonji and Company
West Bengal Power Development Corporation Ltd. and Others
W.P.A. No. 10028 of 2023
Decided on June 08, 2023, [Hearing concluded on: 10.05.2023]
In a recent judgement and order, the Hon’ble High Court at Calcutta dismissed a writ petition filed by Shapoorji Pallonji & Company against the West Bengal Power Development Corporation Limited (‘WBPDCL’).
Shapoorji in its petition challenged the tender process of WBPDCL in respect of installation of FGD systems in its Sagardighi Thermal Power Project. The central challenge in the petition was with respect to rejection of Shapoorji’s technical bid by WBPDCL. Apart from relying on the settled principles of law laid down by the Hon’ble Supreme Court in its landmark judgement of National High Speed Rail Corporation Limited v. Monte Carlo Limited & Anr.(2022) 6 SCC 401 that Courts can interfere with tender process in very limited circumstances, the Hon’ble High Court held that the tendering authority(WBPDCL) has the discretion to determine whether Shapoorji’s technical bid was liable to be rejected. Such discretion which involves technical considerations are best left to the judgment of the respondent authority. Since, no mala fide or arbitrariness was involved in WBPDCL’s exercise of discretion, the Hon’ble High Court was pleased to dismiss the writ petition.