Delhi High Court Sets Aside Non-Speaking Rejection of Sapphire Media’s Technical Bid

The Delhi High Court has set aside the disqualification of Sapphire Media Limited’s technical bid in the tender floated by NBCC (India) Limited for fit out works at the India International Arbitration Centre (IIAC). The matter involved a challenge to a non-speaking rejection despite curative compliance by the bidder. In its judgment, the Hon’ble Court reiterated that arbitrary exclusion in public procurement processes may warrant judicial interference, particularly where clarificatory documents and revised compliance materials merit due consideration.

The Court also observed that hyper-technical rejection of revised solvency certificates, especially when revised documents were sought by the authority itself, could not be sustained.

Foresight Law Offices India acted for the Petitioner before the Hon’ble Delhi High Court.

The matter was led by Mr. Vikas Singh, Senior Advocate, along with Mr. Varun Singh, Founder & Managing Partner, Ms. Kajal Gupta, Senior Associate, and Ms. Urvashi Chauhan, Associate.