The author of a tender document is the best person to interpret the same  – Reiterates Supreme Court

The author of a tender document is the best person to interpret the same  – Reiterates Supreme Court

The Hon’ble Supreme Court in its judgment delivered on January 31, 2022 in the matter Agmatel India Pvt. Ltd. Vs Resoursys Telecom reiterated that the author of the tender document is the best person to interpret its documents and requirements.  Holding the above, the Supreme Court observed as follows:

The author of the tender document is taken to be the best person to understand and appreciate its requirements; and if its interpretation is manifestly in consonance with the language of the tender document or subserving the purchase of the tender, the Court would prefer to keep restraint. Further to that, the technical evaluation or comparison by the Court is impermissible; and even if the interpretation given to the tender document by the person inviting offers is not as such acceptable to the Constitutional Court, that, by itself, would not be a reason for interfering with the interpretation given.”

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