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The Apex Court pronounced a judgement in the case titled Tata Motors Vs The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) And Others dated 19th May 2023 wherein the court dismissed the appeal of TATA Motors (Appellant) and allowed the appeals filed by Brihan Mumbai Electric Supply and Transport Undertaking (BEST) herein referred as (“R1”) and EVEY herein referred as (“R2”), where the court set aside the part of High Court’s judgment and Order wherein, the decision of R1 for accepting the tender of R2, was set aside.
Due to the issues raised in all the captioned appeals being common and challenging the self-same order passed by the Hon’ble High Court of Bombay dated 05.07.2022 in the Writ Petition (L) No. 15548 of 2022, those were taken up for hearing analogously and been disposed of by this common judgment and order.
The Appeal arising out of SLP(C) No. 15708 of 2022 was filed by TATA Motors Limited (for short, “TATA Motors”); the Appeal arising out of SLP(C) No. 11871 of 2022 was filed by EVEY Trans Pvt. Ltd. (for short, “EVEY”) The Appeal arising out of SLP(C) No. 11933 of 2022 was filed by Brihan Mumbai Electric Supply & Transport Undertaking (for short, “BEST”), a statutory corporation operating under the provisions of the Mumbai Municipal Corporation Act, 1888. The present article shall discuss the aspects covered in the case.
The facts of the case are mentioned below –
Whether the High Court, after upholding the disqualification of TATA Motors from the Tender, justified in further exercising to determine the disqualification of R2 and that R1, at its discretion, may undertake a fresh tender process?
The court made the following observations-
Therefore, the Court set aside that part of the impugned judgment as well as the order passed by the High Court by which the decision of the R1 for accepting the tender of R2 was set aside, and it was left to the discretion of BEST for undertaking the fresh tender process. Further, the appeal filed by the appellant was dismissed, and the appeals filed by the respondents were allowed.
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