Kimberley Club Pvt. Ltd. v. Krishi Utpadan Mandi Parishad 2025 INSC 1276 - Judicial Review- Tender
Constitution of India - Article 226- Tender -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- Terms of an NIT must be clear and unambiguous - In order of rejection must be sustained on grounds stated therein and additional grounds cannot be subsequently pressed into service to justify such rejection. (Para 11-17)
Case Info
Key Details
- Case Name: Kimberley Club Pvt. Ltd. v. Krishi Utpadan Mandi Parishad & Ors.
- Neutral Citation: 2025 INSC 1276.
- Coram: Surya Kant, J.; Joymalya Bagchi, J.
- Judgment Date: October 31, 2025.
Caselaws and Citations
- Tata Cellular v. Union of India, (1994) 6 SCC 651 — judicial review in tender matters.
- Maha Mineral Mining & Benefication Pvt. Ltd. v. Madhya Pradesh Power Generating Co. Ltd. & Anr., (2025) SCC OnLine SC 1942 — clarity of NIT terms.
- Mohinder Singh Gill & Anr. v. Chief Election Commissioner, (1978) 1 SCC 405 — orders must stand on stated reasons.
Statutes / Laws Referred
- Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 — constituting the Mandi Parishad.
- UP Government Notification: No. C.M.-648/One-9-2018-7(M)/18 dated 29.10.2018 — procedure for issuance of ‘haisiyat praman patra’ by District Magistrate.
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