Lowest bidder not always entitled to grant of tender

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In Inderjit Mehta v Union of India, a division bench of Delhi High Court recently held that there is no vested right of a participant in a tender to have an agreement of award concluded in its favour. A participant cannot insist on carrying on with the tender on the ground that a particular participant was adjudged as the lowest tenderer. All that can be demanded and be ensured is that the tenderer is given fair, equal and non-discriminatory treatment in the matter of evaluation of its tender.

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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.

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