Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender: Validity of tender - Challenged by unsuccessful bidder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Tender: Validity of tender - Challenged by unsuccessful bidder - On the ground that technical-cum-commercial bid was not opened in the presence of its representatives - High Court set aside the award of tender - On appeal, held: Opening of the the tender of the successful bidder in absence of the challenging bidder, is in violation of Central Vigilance Commission Guidelines - However, since the unsuccessful bidder did not fulfil all the tender conditions, its tender was also not technically qualified - In the interest of justice, the tendering company is restrained from purchasing any further, from the successful bidder and is further directed to place order with the unsuccessful bidder in respect of the pending orders - The tendering company is permitted to float fresh tender as e-tender with clear and unambiguous terms and conditions - Contract. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 681 |
Petitioner | Haffkine Bio-pharmaceutical Corporation Ltd., Government Of Maharashtra Undertaking Through Manager |
Respondent | M/s. Nirlac Chemicals Through Its Manager & Ors. |
SCR | [2017] 8 S.C.R. 450 |
Judgement Date | 2017-07-27 |
Case Number | 9836 |
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