Judicial Review of E-Auction Processes and the Burden of Proving Technical Glitches on Portals.
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Case: AGRAVANSHI PRIVATE LIMITED REP. THR. ITS AUTHORISED REPRESENTATIVE v. THE STATE OF GOA THR. ITS CHIEF SECRETARY AND 2 ORS.
Court: Bombay High Court
Date: 25-06-2026
Law: Constitution of India, Indian Evidence Act, Mines and Minerals (Development and Regulation) Act.
Highlights of the Judgment:
- Examination of the scope of judicial review under Article 226 regarding e-auction processes and administrative tender decisions.
- Analysis of the burden of proof required to establish systemic technical glitches versus user-side connectivity or hardware failures.
- Interpretation of tender clauses allocating the risk of internet disruptions and local technical issues to the bidder.
- Application of the "Tata Cellular" and "Jagdish Mandal" principles to maintain the sanctity and finality of public auctions.
- Discussion on the evidentiary weight of screenshots and screen recordings in proving server-side non-responsiveness during bidding.
- Judicial commentary on the necessity of proving fraud or mala fides to invalidate a concluded commercial auction.