Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Respondent company inviting tenders/bids for a Project - Determination of the eligibility and qualification criteria before opening 'technical bids' and 'price bids' of the bidders |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Respondent company inviting tenders/bids for a Project - Determination of the eligibility and qualification criteria before opening 'technical bids' and 'price bids' of the bidders - Bid of the appellant-Corporation rejected disqualifying it for further participation, on the ground of deficiency in experience in terms of cl. 2.4 of Section Ill of Tender Documents - Whether the appellant- Corporation, to meet the experience norm, as prescribed by cl. 2.4, could utilize the experience of its subsidiary companies (not being the constituents of Joint venture or a Consortium) to qualify in the initial bid - Held: As per cl. 4.1 of s.1 of Instructions to Bidders, a bidder can be a single entity or a combination of such entities in the form of a Joint Venture or a Consortium - A single entity would include a Government owned entity with its I 00% wholly owned subsidiaries eligible to bid in terms of clause 4.1 of the tender conditions - Appellant-Corporation is a Government owned Corporation - Therefore, disqualification of the appellant- Corporation is unsustainable being grossly illegal, arbitrary and perverse. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 464 |
Petitioner | M/s. Crrc Corporation Ltd. |
Respondent | Metro Link Express For Gandhinagar & Ahmedabad (mega) Company Ltd. |
SCR | [2017] 5 S.C.R. 87 |
Judgement Date | 2017-05-15 |
Case Number | 12065 |
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