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    <title>2017 (11) TMI 809 - GUJARAT HIGH COURT</title>
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    <description>Tender conditions requiring full bid document fee and EMD at the entry stage were treated as mandatory eligibility requirements in an e-procurement process, so bidders who failed to make timely full payment could be excluded. The Gujarat HC held that later cure of the defect and reliance on substantial compliance did not change the position, because judicial review in contractual matters is confined to cases of mala fides, arbitrariness, irrationality, perversity, or public interest injury. As no such infirmity was shown, the petitioners&#039; disqualification was upheld and writ interference was refused.</description>
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      <link>https://www.taxtmi.com/caselaws?id=350930</link>
      <description>Tender conditions requiring full bid document fee and EMD at the entry stage were treated as mandatory eligibility requirements in an e-procurement process, so bidders who failed to make timely full payment could be excluded. The Gujarat HC held that later cure of the defect and reliance on substantial compliance did not change the position, because judicial review in contractual matters is confined to cases of mala fides, arbitrariness, irrationality, perversity, or public interest injury. As no such infirmity was shown, the petitioners&#039; disqualification was upheld and writ interference was refused.</description>
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      <pubDate>Thu, 02 Nov 2017 00:00:00 +0530</pubDate>
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