Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract - Tender - Tehri Pump Storage Plant a project for additional electricity generation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract - Tender - Tehri Pump Storage Plant, a project for additional electricity generation - Appellant (THDC), a corporation under the Government of India, handling the project right from August, 2007 - However, tender not finalised due to legal battle between the two bidders, respondent No. 1 and respondent No.2 - Respondent no.1 filed writ petition - High Court passed interim order staying the whole tender process - Justifiability - Held: Not justified - Since the whole process was absolutely transparent, there is no scope to stall the whole process by finding fault with the tendering process and insisting that THDC could not invite fresh pricing bids - In inviting the fresh pricing bids, particularly after conveying the deficiencies or non-conformities to both the respondents and making it clear to them, it cannot be said that any change was made in the bidding conditions - There was nothing wrong in THDC treading its course with utmost care - THDC acted in favour of the national interest by trying to prevent the exorbitant prices for the project and further trying to go to the realistic and minimum price - Contractual rights of competing parties like respondent no. 1 and respondent no. 2 not more important than the national interest - Stay order of High Court set aside - Parties to submit fresh price bids - THDC to accordingly take decision in respect of the grant of contract. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2011 INSC 214 |
Petitioner | Thdc India Ltd. |
Respondent | Voith Hydro Gmbh Co. And Anr. |
SCR | [2011] 5 S.C.R. 618 |
Judgement Date | 2011-03-17 |
Case Number | 2572 |
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