CHHATTISGARH STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD AND ANR. versus M/S AMAR INFRASTRUCTURE LTD. AND ORS.

Citation: [2017] 6 S.C.R. 974 · Decided: 09-03-2017 · Supreme Court of India · Bench: ARUN MISHRA, AMITAVA ROY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2017] 6 S.C.R. 974 
A 
CHHATTISGARH STATE INDUSTRIAL DEVELOPMENT 
B 
CORPORATION LTD AND ANR. 
v. 
MIS AMAR INFRASTRUCTURE LTD. AND ORS. 
(Civil Appeal No. 4248 of 2017) 
MARCH 09, 2017 
[ARUN MISHRA AND AMITAVA ROY, JJ.) 
Tenders - Technical evaluation - Challenge to - Chhattisgarh 
C 
State Industrial Development Corporation Ltd. (CS/DC) floated 
tender with respect to work relating to upgradation of infrastructure 
- Tenders opened for determining whether the bidders satisfied the 
pre-qualification criteria - CS/DC prepared .charts of technical 
evaluation documents and placed before the Tender Evaluation 
Committee - Committee selected two bidders ranked as L-1 and L-2 
D 
- Respondent was disqualified - Aggrieved, writ petition filed by 
respondent on ground that L-2 had been found eligible despite not 
having a Hot Mix Plant - High Court held that L-2 was made to 
qualify in spite of the fact that it wqs not having Hot Mix Plant and 
there was discrepancy in the document of technical evaluation filed 
E 
by the CS/DC and the one filed by respondent with respect to Hot 
Mix Plant, therefore L-2 was illegally included in the qualified list 
of bidders and thus, contract granted to L-1 was quashed - On 
appeal, held: Opinion of High Court cannot be accepted as relevant 
tender documents were not placed for consideration before High 
Court - Also, Hot Mix Plant was not a mandatory requirement so as 
to open the financial bid - Thus, the financial bids of two bidders 
who succeeded at the pre-qualification stage had been rightly .opened 
and considered - In absence of malafide or arbitrariness which is 
not made out in the instant case as 50 per cent of the work had 
been completed when the order was passed by the High Court, hence 
·G 
H 
no interference was warranted in the present case - Insofar, as 
document relied upon by the CS/DC is concerned, as per report of 
cyber crime cell there is no manipulation therein - Respondent was 
disqualified and had not questioned the qualification of the 
successful bidder, L-1 bufthat of L-2, on ground that financial bid 
. was illegally opened - It was a fight between the tenderers involving 
. 974 
CHHATTISGARH STATE INDUSTRIAL DEVELOPMENT 
975 
CORPORATION LTD v. MIS AMAR INFRASTRUCTURE LTD. 
no· element of public interest - Respondent was trying for re-
A 
tendering to cater its business interest by seeking disqualification 
ofL-2 to whom the contract had not been given - The Court has to 
be loath in such matter to make intetference. 
· 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4248 
of 2017. 
B 
From the Judgment and Order dated 14.02.2017 of the High Court 
ofChhattisgarh atBilaspur in W. P. (C) No. 1053 of2016 
WITH 
C. A. No. 4251 of2017. 
Mukul Rohatagi, AG, Apoorv Kurup, A. C. Boxipatro, Ashish 
Kumar Sinha, Ratan K. Singh, S. Abhishek, Aishwary Tiwary, Nishank 
Tyagi, Rameshwar Prasad Goyal, Advs. for the Appellants. 
Garvesh Kabra, A. H. Lohiya, S. 0. Tapidya, Amit Singh, 
c 
Ms. Pooja Kabra, Advs. for the Respondents. 
D 
The following Order of the Court was delivered: 
ORDER 
1. Leave granted. 
2. The appeals have been preferred by Chhattisgarh State 
E 
Industrial Development Corporation Ltd. (in short, 'the CSIDC') and 
Mis. Raipur Construction Pvt. Ltd. being aggrieved by the judgment and 
order dated 14.02.2007 passed by the High Court of Chhattisgarh in 
Writ Petition (C) No. I 053 of2016 thereby allowing the same and quashing 
the contract given to Mis. Raipur Construction Pvt. Ltd. by the CSIDC 
F 
with respect to the work of "upgradation of i,nfrastructure i.e. roads, 
drainage system and water supply in Sirgitti under Modified Industrial 
Infrastructure Up-gradation Scheme (MIIUS) at Sirgitti, Bililspur." 
3. Tender was floated by the CSIDC on 3.11.2015 forthe aforesaid 
work within the stipulated time period of 18 months and tenders were . G 
invited online, to be submitted by 12.01.2016. 
4. A writ petition bearing WP(C) No.227 of 2016, was filed 
challenging the notice inviting tenders issued by the CSIDC and the 
same was dismissed vide order dated 2.2.2016 by the High Court of 
H 
976 
SUPREME COURT REPORTS 
[2017] 6 S.C.R. 
A 
Chhattisgarh, Bilaspur. The online bids were submitted. The CSIDC 
opened the tenders for determining whether the bidders satisfied the 
pre-qualification criteria. Based upon the information supplied by the 
bidders, the CSIDC prepared charts of technical evaluation documents 
in the form of Annexures 'A' 'B' 'C'
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