Court : Mumbai Nagpur
..... again, looked at from the point of view of the employer if the court take over the decision-making function of the employer and make a distinction between essential and non-essential terms contrary to the intention of the employer and thereby rewrite the arrangement, it could lead to all sorts of problems including the one that we are grappling with...... 52 ..... shri nitin lambat, learned counsel appearing on behalf of the respondent nos.1 to 4, on the contrary, submits that the rejection of the bid of the petitioner is not only on the ground of non-submission of papers as regards bidding capacity, he submits that the essential documents which are required to be submitted as per clause (6) of the tender document, have not been supplied by the petitioner. ..... we may say that they were not only applicable but they were very much essential because in the absence of those documents, the employer could not have ascertained the technical and financial viability of the bidder to participate in the process. ..... metropolitan development authority and others, reported in (2013) 10 scc 95, submits that in any case, the condition regarding the bidding capacity cannot be held to be an essential condition and the rejection of the technical bid on the ground of non-supply of the documents pertaining to bidding capacity would not be permissible in law. 6. ..... the parties were clearly put to notice that on account of non-submission of the said documents the offer of the bidder was liable to be summarily .....
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