Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender Security interest deposit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Tender: Tender process – Security interest deposit – Forfeiture of – Bidder participated in the tender process – Bidder sought permission to modify his price bid on the ground of mistake committed in offering the price – Howver, the bidder disqualified – Corporation then decided to invoke the bank guarantees furnished by the bidder towards the security interest deposit invoking clause 14.5(b) of the tender document – Writ petition by the bidder challenging the decision of the Corporation to forfeit the security interest deposit by invoking the bank guarantees – Writ petition dismissed by the High Court holding that in a contractual matter, the writ petition u/Art. 226 not maintainable – Correctness of – Held: High Court justified in dismissing the writ petition – As per Clause 14.5 of the tender document, the security deposit submitted by the bidders would be forfeited by the Corporation in the event bidder varies or modifies the bid in a manner not acceptable to ONGC during the validity period or any extension thereof duly agreed by the bidder – Action of the Corporation in consonance with the terms and conditions of the tender document – It cannot be said that it was not a case of modification of the bid but an arithmetical error in calculation which was sought to be corrected – Furthermore, the request for modification/variation of the bid offer was made during the validity period, thus, clause 14.5(b) of the tender document applicable – In view thereof, order passed by the High Court upheld. Kailash Nath Associates Vs. Delhi Development |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 925 |
Petitioner | Pooja Ceratech Private Limited |
Respondent | Oil And Natural Gas Corporation Ltd. & Anr. |
SCR | [2021] 9 S.C.R. 441 |
Judgement Date | 2021-12-03 |
Case Number | 19006 |
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