Patna High Court

Strict Adherence to RFP Conditions Mandating Physical Submission of E-Payment Receipts Validates Rejection of Tender Bid.

Hardev Construction Private Limited vs Union of India

Patna High CourtJUDGMENT: July 21, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a private limited company, participated in a tender invited by the East Central Railway for an Engineering Procurement and Construction (EPC) project regarding river protection works.

Source reference: p. 3

While the petitioner submitted its bid and paid the Bid Security of ₹1,02,69,400/- via an e-payment gateway, it failed to physically submit the original printed receipt of the e-payment to the designated office.

Source reference: p. 4-5

On 09.06.2026, the respondents rejected the petitioner’s bid during the technical evaluation on the grounds of non-submission of the original Bid Security in physical form.

Source reference: p. 5

The petitioner challenged this rejection, arguing that e-payment precluded the need for physical submission.

Source reference: p. 4
02

Issues

Whether the rejection of the petitioner’s bid for failing to submit the physical original e-payment receipt was lawful under the terms of the Request for Proposal (RFP).

Source reference: para. 6

Whether electronic payment of Bid Security exempts a bidder from the mandatory requirement of physical delivery of the instrument/receipt as per Clause 2.20.6(ii) of the RFP.

Source reference: para. 7-8
03

Law Applied

Strict adherence to tender conditions and contractual interpretation of the Request for Proposal (RFP).

Source reference: no citation

Clause 2.20.6(ii) mandates that the original instrument (including e-payment gateway references) must be delivered in person before the closing date.

Source reference: p. 6

Clause 2.20.6(iii) provides for the "summary rejection of bid" for non-submission of the original instrument within the specified period.

Source reference: p. 6
04

Reasoning

The court evaluated the petitioner’s contention that electronic submission of the receipt was sufficient against the explicit language of the RFP.

Source reference: p. 7

The court noted that Clause 2.11.2 and Clause 2.20.6(ii) clearly distinguished between the uploading of documents and the physical delivery of original instruments.

Source reference: p. 7

The court observed that the RFP explicitly listed "e-payment Gateway of Authority" as one of the instruments requiring physical delivery of the original reference/receipt to the office of the Chief Administrative Officer.

Source reference: p. 6-7

Since it was an admitted fact that the petitioner did not deliver the physical receipt by the deadline of 19.02.2026, the court reasoned that the petitioner had breached a mandatory tender condition.

Source reference: p. 7

The court held that the authorities were bound by the summary rejection clause and acted within their jurisdiction to disqualify the petitioner.

Source reference: p. 8
05

Holding

The court answered both issues in the affirmative for the respondents, holding that the physical submission of the e-payment receipt was a mandatory requirement under Clause 2.20.6(ii) of the RFP.

The court concluded that there was no merit in the writ application as the petitioner failed to comply with the tender specifications; the writ petition was dismissed, and all pending applications were disposed of.

Source reference: p. 8
Patna High Court

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Hardev Construction Private LimitedvsUnion of India

Patna High Court · July 21, 2026

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