Tuesday, March 22, 2022

Judges not technical experts; courts should refrain from interfering with technical contracts/ tenders: Supreme Court

Not pass interim orders in such matters which could derail services and projects which are meant for larger public good.

A word of caution ought to be mentioned herein that any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of the services meant for larger public good," the Supreme Court held. 
"Courts should be even more reluctant in interfering with contracts involving technical issues as there is a requirement of the necessary expertise to adjudicate upon such issues. The approach of the Court should be not to find fault with a magnifying glass in its hands, rather the Court should examine as to whether the decision-making process is after complying with the procedure contemplated by the tender conditions."

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