In this case, Level 9 BIZ Pvt. Ltd. appealed against an order passed by the High Court of Himachal Pradesh, which disposed of a civil writ petition filed by M/s. Vasu Constructions. The High Court’s order allowed Himachal Pradesh Housing and Urban Development Authority (HIMUDA) to withdraw the cancellation of the initial tendering process and permitted Vasu Constructions to execute the project under the same terms and conditions as the initial tender, despite earlier irregularities found in the tendering process.
The events leading to the appeal date back to November 2018 when HIMUDA issued a Notice Inviting Tender (NIT) for a commercial complex project. Following technical and financial bid evaluations, Vasu Constructions was awarded the project, but subsequent legal challenges and investigations revealed irregularities in the tender process, leading to the cancellation of the tender.
Despite the cancellation, Vasu Constructions filed a writ petition challenging the cancellation, and the High Court disposed of the petition by accepting statements from the parties involved. However, the appellant, Level 9 BIZ Pvt. Ltd., argued that the disposal was improper considering the irregularities found and the cancellation of the initial tender.
The Supreme Court, upon reviewing the case, found that HIMUDA and Vasu Constructions had colluded to circumvent the cancellation order and misused the legal process. The Court overturned the High Court’s order, imposing a heavy cost on HIMUDA and allowing them to initiate a fresh tender process, emphasizing adherence to due process and transparency in public procurement.
In conclusion, the Supreme Court’s judgment emphasized the importance of upholding integrity and fairness in public procurement processes, highlighting the need for accountability and adherence to legal procedures to maintain public trust and transparency.
