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Court should use restrain when dealing with complex matters like fiscal evaluation

The Supreme Court with ‘immense pain’ has asked the high courts to keep in mind the established doctrine of restraint, while issuing writ of mandamus in tender/bidding matters. The court also observed that a writ court cannot sit in appeal over the financial consultant’s assessment. The bench comprising Justice Dipak Mishra and Justice Shiva Kirti Singh made this observation in an appeal (TANGEDCO vs. CSEPDI–Trishe Consortium) against a high court order which, on a writ petition filed by a bidder, directed the owners to consider representations submitted by the bidder and to take certain aspects into consideration.

Article referred: http://www.livelaw.in/sc-reminds-hcs-doctrine-restraint-complex-fiscal-evaluation/

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