In Jal Mahal Resorts (P) Ltd. v. K.P. Sharma (2014) 8 SCC 804, the Supreme Court has quoted with approval B.S.N. Joshi & Sons Ltd. It has held that when there is substantial compliance with the terms of tender, the Government is entitled to waive any non-essential term in the tender for the bona fide reasons and in public interest. To conclude, the Court has held that if there were no mala fides in the decision-making process, literal compliance cannot be insisted upon. {Para 51}
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NOS.1114 of 2016 & 718 of 2018
Dr. R. Venkatesh V/s State of Goa,
Coram:- DAMA SESHADRI NAIDU &
NUTAN D. SARDESSAI, JJ.
Date:- 5th MARCH 2020
ORAL JUDGMENT: (Per Dama Seshadri Naidu, J.)
Citation: 2021(1) MHLJ 105
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