Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender - Instructions to Bidders |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tender- Instructions to Bidders ~ Compliance of — On facts, appellant no. 2 applied for provisional registration for insecticides . product — Decision taken but registration certificate not made available — Thereafter, tender floated by respondent — Submission of bid by appellant, however, on the bid opening date certificate of registration not available with the appellant — Decision by respondents to treat the bid submitted by the tenderer as non- compliant with the conditions of invitation of bids — Said decision upheld by the Division Bench of the High Court — On appeal, held: Appellant cannot claim benefit of the decision to grant registration certificate and of treating itself as a responsive bidder — It is an essential condition incorporated in the Instructions to Bidders — As per the Instructions to Bidders, the initial clause was that the bidder niust be registered under Central Insecticide Board and the. documentary evidence should be submitted along with the bid ~ Amendment postulated that the registration certificate shall be submitted along with the bid at the time of opening of the tender and if not, the bid shall be held as non-responsive — Decision by the Registration Committee to provisionally approve registration does not amount to registration by itself with the CIB, thus, the condition was not satisfied under the unamended stipulation — Amended clause only provided about the consequence thereof ~ Even if clause 6 would not have been amended, the first respondent, on the ground of non-production of the registration certificate, would have been legally justified to reject ‘the bid as non-responsive and non- compliant — Thus, the essential condition- of tender being not met with, the tenderer-appellants were ineligible and the tender was non-responsive — Insecticides Act, 1968 — s. 9(3B). |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1201 |
Petitioner | M/s Shobikaa Impex Pvt. Ltd. And Anr. |
Respondent | Central Medical Services Society And Ors. |
SCR | [2016] 5 S.C.R. 319 |
Judgement Date | 2016-09-20 |
Case Number | 8461 |
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