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Case Law Details

Case Name : M/s Acer India Private Limited Vs State of Chhattisgarh (Chhattisgarh High Court)
Appeal Number : Writ Petition (C) No.1263 of 2016
Date of Judgement/Order : 05/09/2016
Related Assessment Year :
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It is held that the petitioner has miserably failed to make out a case for interference in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India within the four corners of law and yardsticks set out by Their Lordships of the Supreme Court in the above-quoted judgements (supra) qua interference in contractual matter. We accordingly, hold that there is no reason to exercise the power of judicial review in this instant matter, as the petitioner has not been able to demonstrate arbitrariness, unfairness, illegality, irrationality or unreasonableness in the impugned decision of rejecting its technical bid and awarding rate contract to respondent No. 3.

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1. Invoking jurisdiction of this Court under Article 226 of the Constitution of India and impugning legality, validity and correctness of memo dated 10-3-2016 (Annexure P-1) issued by respondent No. 1 whereby tech-commercial bid of the petitioner has been rejected assigning reasons, the petitioner herein, a company incorporated and registered under the provisions of the Indian Companies Act, 1956, has filed this writ petition. The petitioner herein also seeks to challenge memo dated 8-4-2016 (Annexure P-2) whereby the State Government has rejected the representation of the petitioner made pursuant to Annexure P-1 and the petitioner consequently seeks quashment of order Annexure P-11 whereby respondent No.1 has signed Rate Contract with respondent No. 3 and issued purchase order dated 26-5-2016 directing supply of 16,819 quantity of Laptops Model No.HP 245 G4 and the net value of supply is ₹ 29,41,64,310.00 (Rupees twenty nine crores forty one lakhs sixty four thousand three hundred and ten only).

Facts leading to petition

2. Shorn of all paraphernalia, essential facts requisite to adjudicate the legal dispute brought before us in nutshell are as under: –

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