Hon’ble Delhi High Court while dealing with a petition here on 19-03-2019 in the case of “DLF Home Developers ltd & Anr. v.Delhi International Airport ltd & Anr.” stated that merely because the respondent has a right to negotiate, or to accept or reject any or all the bids, does not follow that they are bound to do so.

BRIEF FACTS OF THE CASE

The petitioner was filed seeking a writ of certiorari, setting aside/ quashing the decision of respondent No.1 conveyed through an email communication dated 17.03.2019, whereby respondent No.1 has refused to consider the bid of the petitioner No.1 submitted in response to the RFP issued on 16.02.2019 in relation to a commercial development project at Gateway and Downtown Districts of Aerocity, New Delhi.

The petitioner was also seeking a direction to respondent No.1 to consider the petitioner’s bid in response to the said RFP. In the alternative, the petitioner was seeking the setting aside of the entire bidding process undertaken in pursuance of the RFP issued on 16.02.2019.

DECISION OF THE COURT

Hon’ble Court held that merely because the respondent has a right to negotiate, or to accept or reject any or all the bids, does not follow that they are bound to do so.

Court further held that, the change in the RFP document is only a red herring raised by the petitioner, to justify its belated submission of the bid document. When two of the other bidders could submit their respective bids in time, there is no reason why the petitioner could not have done so.

Thus, without finding any merit this petition was dismissed.

Read the full Judgement Here-

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