Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Tender - Bids invited for design and construction of a viaduct for Nagpur Metro Rail Project - GYT-TPL JV |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Tender - Bids invited for design and construction of a viaduct for Nagpur Metro Rail Project - GYT-TPL JV having experience of executing Inter-City High Speed Railway Project in China, gave its bid - Bid was disqualified on the ground that InterCity High Speed Railway Project did not meet the requirements of a Metro civil construction work - High Court held that disqualification of bid was arbitrmy - Held: The owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents - Although, there did not appear to be any ambiguity or doubt about the inte1pretation given by owner ofthe project to the tender conditions, however, even if there was any ambiguity or doubt, High Court ought to have refrained from giving its own interpretation unless it had come to a conclusion that the interpretation given by owner of project ·was perverse or ma/a fide or intended to favour one of the bidders - This was certainly not the case either before the High Court or before the Supre111e Court - Therefore, GYT-TPL JV was rightly held to be not eligible to bid for the contract under consideration. Administrative law: Decision 111aking process - Scope of interference - Held: Interference is permissible only if the decision making process is ma/a fide or is intended to favour someone - Mere disagreement with the decision making process or the decision . of the ad111inistrative authority is no reason for a constitutional Court to interfere - Constitution of India, 1950 - Article 226. Deeds and documents: Tender docu111e11ts - Interpretation of - Held: Author of tender document is best person to illterprel it. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 874 |
Petitioner | Afcons Infrastructure Ltd. |
Respondent | Nagpur Metro Rail Corporation Ltd. & Anr. |
SCR | [2016] 3 S.C.R. 551 |
Judgement Date | 2016-09-15 |
Case Number | 9078 |
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