Failure To Mention Blacklisting As A Probable Action Does Not Disable Tenderer From Blacklisting The Delinquent Bidder
Case: Rakesh Kumar Chaudhary Vs Union of India
Coram: Justice Sindhu Sharma
Case No.: WP(C) No. 1196/2021
Court Observation: “Though, the contention of the petitioner is that the contract awarded to him stood executed and he has completed the same successfully but this does not absolve the petitioner of his liability, as the very work executed by the petitioner was obtained by him through fraudulent means, therefore, the authority had rightly issued show-cause notice to the petitioner and petitioner had denied the same. ich are as a result of fraudulent practices”
“The bid document is not a statutory instrument. Therefore, the rules of interpretation, which are applicable to the interpretation of statutes and statutory instruments, are not applicable to the bid document. Therefore, in our opinion, the failure to mention blacklisting to be one of the probable actions that could be taken against the delinquent bidder does not, by itself, disable the second respondent from blacklisting a delinquent bidder, if it is otherwise justified. Such power is inherent in every person legally capable of entering into contracts.”
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