Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Companies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | COMPANIES ACT, 1956:S.212 - Consortium Agreement - Modification of - Whether results in change in the constituents membership - Bid Evaluation Committee rejecting the Bid proposal made by the consortium and excluding the consortium from zone of consideration - High Court holding the decision unjustified, arbitrary and bad in law - On appeal, Held: The modified consortium agreement is in line with the proposal submitted - There was no change in the membership of the consortium - High Court rightly held that the licence agreement has still to be executed and at that stage the change of joint and E several liability shall be incorporated in the licence agreement- No infirmity in the judgment of High Court - The Technical and Financial proposals submitted by the consortium (Respondent No. 1) to be considered within 15 days WORDS & PHRASES: 'Liability', 'responsibility' - Meaning of. The High Court held that the decision of the Bid Evaluation Committee dated 6.5.2008 rejecting the Bid Proposal made by the Consortium led by the Mis Zoom Developers Pvt. Ltd. (ZDL) as non-admissible in terms of Request for Proposal (RFP) and thus excluding the said consortium from the zone of consideration was unjustified, arbitrary and bad in law. Hence the appeals. On the basis of the contentions advanced, the following points emerged for consideration by the Court: 1. Whether the modified Consortium Agreement dated 11.3.2008 resulted in a change in the constituents membership of the Consortium led by M/s ZDL.2. Whether use of the expression "joint and several responsibility" in place of "joint and several liability" would justify rejection of the Bid proposal made by the Consortium led by M/s ZDL as non-responsive/nonadmissible in terms of the RFP. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2009 INSC 137 |
Petitioner | State Of Kerala |
Respondent | M/s Zoom Developers Pvt. Ltd. & Ors. |
SCR | [2009] 1 S.C.R. 1150 |
Judgement Date | 2009-02-10 |
Case Number | 841 |
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