Tender Matters: When courts can interfere though power of judicial review

When Tender Acceptance is patently arbitrary and is dehors the terms of the Detailed Notice Inviting Tender (DNIT) power of judicial review can be exercised. The exception was recently restated in Kimberley Club (P) Ltd. v. Krishi Utpadan Mandi Parishad & Ors. thus: – “11. In tender matters, the Court exercising judicial review does not sit in appeal over the decision of a tendering authority regarding disqualification of bid. Only in cases where such decision is dehors the terms of the NIT or is patently arbitrary would the Court exercise powers of judicial review and set aside such a decision.” Revenue considerations cannot cure ineligibility: Supreme Court

Case: MICKY TRADERS Versus L.R.Y. LABOUR CONTRACTOR & ORS [2026 INSC 1025]