Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender – e-Tender |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tender – e-Tender – Appellant-Maharashtra Housing Development Authority (MHADA) issued e-Tender notice inviting proposals for work of “Technical designing, coordination and construction....and other various works in respect of redevelopment project” – First respondent-writ petitioner case that it had uploaded its technical and financial bid on the website of the appellant and though it had pressed the ‘freeze button’, it could not get an acknowledgement of the bid submitted – National Informatics Centre (NIC) took the view that there was no technical glitch in the system and in absence of acknowledgement of the submission of the bid by the first respondent, it was not entitled to any consideration of its defective bid – Writ Petition – High Court directed NIC to access the files of the first respondent and make it available to MHADA, which would decrypt the said files and consider the bid documents as a “valid bid” – On appeal, held: Directions issued by the High Court incorrect – NIC which had developed the portal had stated before the Court on affidavit that retrieval of the documents even jointly with MHADA is not feasible or possible – That apart, lack of any timely response of the first respondent when the system had failed to generate an acknowledgement of the bid documents in a situation where the first respondent claims to have pressed the ‘freeze button’; the generation of acknowledgements in respect of other bidders and the absence of any glitch in the technology would strongly indicate that the bid submitted by the first respondent was not a valid bid – Directions issued by the High Court in favour of the first respondent virtually confers on the said respondent a second opportunity which cannot be countenanced. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 134 |
Petitioner | Maharashtra Housing Development Authority |
Respondent | Shapoorji Pallonji & Company |
SCR | [2018] 2 S.C.R. 261 |
Judgement Date | 2018-02-12 |
Case Number | 1836 |
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