SC: Court must defer to the understanding of clauses in tender documents by the author thereof

The Hon’ble Suprreme Court, on 08.12.2020, in the matter of The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd. & Anr. held that court must defer to the understanding of clauses in tender documents by the author thereof unless, pithily put, there is perversity in the author’s construction of the documents or mala fides.

The Hon’ble Supreme Court observed that:

Court must defer to the understanding of clauses in tender documents by the author thereof unless, pithily put, there is perversity in the author’s construction of the documents or mala fides. (Para 18)

It will not be open for a constitutional court, to substitute their view of the view of the tendering authority. (Para 23)

Copy of judgement: Judgement_08-Dec-2020

-Adv. Tushar Kaushik

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