Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract - Tender - In the instant case the NIT invited bids from contractors who had engaged in construction of educational buildings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract - Tender - In the instant case, the NIT invited bidsfrom contractors who had engaged in construction of educationalbuildings - The technical evaluation report stated that the eligibilitycriteria contained in NIT was not met by respondent no. I - Theother two expert bodies also reiterated the ineligibility of respondentno. I - Respondent no. I filed writ petition which was dismissed bythe single judge of High Court - However. Division Bench of HighCourt allowed the appeal of respondent no. I holding that therewas no malafides in the instant case and respondent no.I was eligible and directing the respondent no.2 to consider the case ofrespondent no. I along with other eligible bids - Ultimately, awardwas given to respondent no.I since it quoted amount less than thatof appellant - On appeal, held: The three expert committeesscrutinized the tender of respondent no.I and found him ineligible - The impugned judgment of the Division Bench of the High Courtexpressly stated that no malafides were involved in the instant case- Equally, while setting aside the judgment of the single judge. theDivision Bench did not state that the three expert committees havearrived at a perverse conclusion - In tender matters, scope ofjudicial review is limited - Not having found malafides or perversityin the technical· expert reports. any appreciation by the Court itselfof technical evaluation, best left to technical experts, would beoutside its ken - As a result. the single judge was correct in placingreliance on the three expert committee reports - The Division Bench. in setting aside the said judgment. has clearly gone outside the bounds of judicial review - Award of tender to the appellant is.restored as it is willing to match the offer of respondent no.I -Administrative law - Judicial review. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 1232 |
Petitioner | M/s Sam Built Well Pvt. Ltd. |
Respondent | Deepak Builders & Ors. |
SCR | [2017] 14 S.C.R. 479 |
Judgement Date | 2017-12-14 |
Case Number | 21858 |
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