A division bench of Bombay High Court recently heard a case where during the uploading of an e-tender, the system experienced a technical glitch and the bid was disallowed.
In Shapoorji Pallonji & Company & Anr. v Maharashtra Housing Development Authority & Ors., the authority issued an e-tender notice inviting proposals for the construction of temporary transit camps and various other works for a redevelopment project to be submitted by 1pm on 27 July. The bidders were to submit their bids in a single stage e-tendering process. The company uploaded its technical and financial bid at about 12.16pm on 27 July.
The bid documents were uploaded on the e-portal, but no acknowledgement was generated as pressing of the freeze bid button was not logged in the system. The company was orally informed that its bid was not received and therefore, its bid would not be considered as valid.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
