Authority: High Court at Calcutta, Circuit Bench at Port Blair
Order Date: 27 July 2026
Case Overview
- Petition: M/s Andavan Arul Alliance Private Limited filed WPA/317/2026 challenging a tender dated 01‑12‑2025 for chartering a 50‑passenger vessel to operate in the inland waters of Nancowry Harbour for five years.
- Respondents: The Andaman and Nicobar Administration and others, who issued the tender.
- Allegations: The petitioner contended that after the last date for tender submission, the employer allowed certain tenderers to submit clarifications and accepted their experience certificates and Earnest Money Deposits (EMD) beyond the stipulated deadline, violating tender rules.
- Court’s Observations: The bench cited Supreme Court judgments (Raunaq International Ltd. vs. I.V.R. Construction Ltd., (1999) 1 SCC 492; Tata Cellular vs. Union of India, (1994) 6 SCC 651) stating that tender‑issuing authorities may “play in the joints” and that courts should refrain from interfering in tender processes as it affects public facilities. It noted that seeking technical clarifications after the deadline is a common practice and that financial bids may be reviewed after technical clarifications are provided.
- Findings: No serious infirmity was identified in the tender process; the tender had been awarded to three bidders.
Final Outcome
- The writ petition is dismissed; no order as to costs.
- All parties are directed to act on a server copy of the order downloaded from the official website of the Court.
Topics: Tender Process, Public Procurement, Judicial Review