Tender portal failure and bidder exclusion: unfairness found, but completed contract left undisturbed, with damages remedy preserved.

A tender bidder was excluded after being unable to deposit the e-challan because the tender portal was not functioning for part of the submission period. The note states that such exclusion of a bidder who had attempted compliance was unreasonable and unfair, and the tendering authority should have extended time once the portal became operational. At the same time, because the contract had already been awarded and work had commenced by the time the matter was considered, no interference was made with the award. The bidder was left free to pursue damages before the competent court on its own merits.

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Issues: Whether the respondents were bound to accept the petitioner's e-challan and include him in the financial bid process despite the tender portal remaining non-functional during the relevant period, and whether relief could be granted after the contract had already been awarded and commenced.

Analysis: The petitioner was prevented from depositing the e-challan within time because the respondents' portal was admittedly not functioning for part of the tender period. The resulting exclusion of a bidder who had attempted compliance was found to be unreasonable and unfair, and the respondents ought to have extended the time once the portal became operational. However, the contract had already been awarded and work had commenced by the time the petition was heard.

Conclusion: No interference was granted with the award of the contract, though the petitioner was left at liberty to pursue a claim for damages before the competent court on its own merits.

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