M/s Ch. A Latif & sons (Pvt.) Limited vs National Highway Authority, through Chairman art — 2025 YLR 2080 ISLAMABAD

Case information

Citation: 2025 YLR 2080 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: M/s Ch. A Latif & sons (Pvt.) Limited vs National Highway Authority, through Chairman art

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

M/s Ch. A Latif & sons (Pvt.) Limited VS National Highway Authority, through Chairman art.199---Invitation to tender---Terms and conditions ---Interference by High Court under Constitutional jurisdiction of the High Court---Scope---Terms and conditions stipulated in an invitation to tender are not ordinarily amenable to judicial scrutiny---The Courts have consistently refrained from interfering with such terms, recognizing the domain of contractual freedom exercised by the procuring agency---However, judicial intervention may be warranted where the impugned conditions are found to be manifestly arbitrary, discriminatory, unreasonable or vitiated by mala fides---High Court cannot interfere with the terms and conditions as prescribed in tender/contract documents unless it was established that the same were contrary to public interest---Terms of the invitation to tender cannot be opened to judicial scrutiny because the invitation to tender is in the realm of a contract, and the decision to accept the tender or award the contract is reached through a process of negotiation and deliberations through several tiers.

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