Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenders - Technical evaluation - Challenge to - Chhattisgarh State Industrial Development Corporation Ltd. (CS/DC) floated tender with respect to work relating to upgradation of infrastructure |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tenders - Technical evaluation - Challenge to - Chhattisgarh State Industrial Development Corporation Ltd. (CS/DC) floated tender with respect to work relating to upgradation of infrastructure - Tenders opened for determining whether the bidders satisfied the pre-qualification criteria - CS/DC prepared .charts of technical evaluation documents and placed before the Tender Evaluation Committee - Committee selected two bidders ranked as L-1 and L-2 - Respondent was disqualified - Aggrieved, writ petition filed by respondent on ground that L-2 had been found eligible despite not having a Hot Mix Plant - High Court held that L-2 was made to qualify in spite of the fact that it wqs not having Hot Mix Plant and there was discrepancy in the document of technical evaluation filed by the CS/DC and the one filed by respondent with respect to Hot Mix Plant, therefore L-2 was illegally included in the qualified list of bidders and thus, contract granted to L-1 was quashed - On appeal, held: Opinion of High Court cannot be accepted as relevant tender documents were not placed for consideration before High Court - Also, Hot Mix Plant was not a mandatory requirement so as to open the financial bid - Thus, the financial bids of two bidders who succeeded at the pre-qualification stage had been rightly .opened and considered - In absence of malafide or arbitrariness which is not made out in the instant case as 50 per cent of the work had been completed when the order was passed by the High Court, hence no interference was warranted in the present case - Insofar, as document relied upon by the CS/DC is concerned, as per report of cyber crime cell there is no manipulation therein - Respondent was disqualified and had not questioned the qualification of the successful bidder, L-1 bufthat of L-2, on ground that financial bid . was illegally opened - It was a fight between the tenderers involvingno· element of public interest - Respondent was trying for re- tendering to cater its business interest by seeking disqualification ofL-2 to whom the contract had not been given - The Court has to be loath in such matter to make intetference. |
Judge | N/A |
Neutral Citation | 2017 INSC 230 |
Petitioner | Chhattisgarh State Industrial Development Corporation Ltd And Anr. |
Respondent | M/s Amar Infrastructure Ltd. And Ors. |
SCR | [2017] 6 S.C.R. 974 |
Judgement Date | 2017-03-09 |
Case Number | 4248 |
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