Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenders |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Tenders – A notice inviting tender was issued by appellant-BCCL for purposes of ‘Hiring of HEMM for removal of OB,extraction and transportation of coal with fire fighting.....’ – Theappellant aimed of contracting firm which offered the lowest costestimate for fulfilment of the tender work – The bidding was statedto be conducted online – When the auction proceeded, there wereconnectivity problems leading to failure in submission bids – In theinterregnum, the last bid of Rs. 2345 crores made by respondentNo. 1 at 12:33 p.m. went unresponded for thirty minutes and auctionwas automatically closed at 1:03 p.m. – Respondent no. 1 wasdeclared lowest bidder – However, taking notice of technical issues,the auction was restarted at 2.30 p.m. and same was communicatedto all bidders – Accordingly, various bids were received by manyparticipants including respondent no. 1 – The auction proceededto the extended time of 1 hour and 27 minutes – The LOA was issuedto the successful bidder, i.e. respondent no. 6 – Respondent no. 1filed writ petition for declaring that it was successful bidder andfor quashing the LOA issued to respondent no. 6 – It was contendedthat there were lapses on the part of the appellant – The SingleJudge of the High Court dismissed it – However, a Division Benchof the High Court held that there were procedural lapses andquashed the LOA issued by the appellant and directed reconductionof the auction – On appeal, held: The Division Bench of the HighCourt was cognizant of the principles surrounding scope of judicialreview in tenders, however, it failed to effectively evaluate whetherlarger public interest was being affected – The interest of therespondent no.1 was purely private and monetary in nature – Thereare concurrent finding of the second Independent External Monitors,CERT-In, TCL, as well as the Central Vigilance Commission that theauction process was not afflicted by collusion, and confirmed theexistence of connectivity problems which necessitated resumptionof the auction process – Before resumption of auction process, it isclear that the message was communicated to all the bidders, statingthat the auction process would be extended by a period equivalentto the time between closure of auction at 1:03 p.m. and resumptionat 2.30 p.m. – Not only did such uniform communication put allbidders on an equal footing, but there was no possibility of anyconfusion given the clear wordings of the email – The minutes afterthe resumption of the auction process, bids started coming in andmore than a dozen bids were received subsequently – Therefore, theimpugned order of the Division Bench of the High Court is notcorrect in its conclusion that there were substantial procedural lapseson part of the appellant – Resultantly, the judgment of the DivisionBench is set aside. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 307 |
Petitioner | The Bharat Coking Coal Ltd. & Ors. |
Respondent | Amr Dev Prabha & Ors. |
SCR | [2020] 7 S.C.R. 603 |
Judgement Date | 2020-03-18 |
Case Number | 2197 |
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