Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenders - Judicial review - Invitation for bids for development and operation of coal mines |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tenders - Judicial review - Invitation for bids for development and operation of coal mines - Respondent-NTPC found the bid by technically non-responsive as appellant did not have c appellant necessary experience of drilling for blasting purposes - Appellant invoked jurisdiction of High Court challenging the determination made by respondent - Plea of appellant that the tender documents required experience of a bidder only in drilling, not drilling for . blasting purposes - High Court held that the assessment of the D . respondent-NTPC was correct as it did not affect public interest but subserved the public purpose - On appeal, held: Owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents - Constitutional Courts must defer to this understanding and appreciation of tender documents unless there E is malafide or perversity in understanding - Technical evaluation or comparison by the court thus is impermissible - Principle to understand ordinary instrument relatable to contract has to be treated differently than tender documents relating to technical works and projects - In the instant case, tenders and offers are invited for F highly technical subjects - It is to check and ascertain that technical ability and the financial feasibility have sanguinity and are workable and realistic - It requires technical expertise - Therefore, respondent should be allowed to carry out technical evaluation freely - No infirmity in the judgment and order passed by the High Court. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 976 |
Petitioner | Montecarlo Ltd. |
Respondent | Ntpc Ltd. |
SCR | [2016] 8 S.C.R. 224 |
Judgement Date | 2016-10-18 |
Case Number | 10143 |
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