LexISOLUX- SOMA -OMAXE CONSORTIUM versus M/S. MADHUCON PROJECTS PVT. LTD. & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2009) 5 S.C.R. 315
ISOLUX- SOMA- OMAXE CONSORTIUM
A
v.
M/S. MADHUCON PROJECTS PVT. LTD. & ORS.
(Civil Appeal Nos. 1826 of 2009)
j
MARCH 24, 2009
B
[DR. ARIJIT PASAYAT AND ASOK KUMAR
GANGUL Y, JJ.]
Tender bid - Invitation for tender -
Two stages of
evaluation - Short-listing of six bidders including writ c
petitioners in terms with the clause - For transparency in the
process of evaluation, Central Government applying s. 33 of
the Act to tender process - Re-evaluation of list and short-
->-
listing of six bidders - However, writ petitioners not eligible to
participate in the second stage of bid process - Challenge
D
to - Disposal of writ petition - On appeal, held: By mere
inclusion in the list of short-listed bidders, bidders only get the
right to be considered in respect of its financial and technical
bids - No prejudiced would be caused to any parties by
increasing the number - NHAI would select the best bidder E
<
for undertaking the project- Clause 3. 5.2 is not insisted upon
•
in subsequent tenders - Since project is of some urgency it
would be appropriate to make the number of short-listed
bidder increased to eight - National Highways Authorities of
India Act, 1986 - s. 33.
F
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
1826 of 2009.
From the Judgment & Order dated 16.12.2008 of the High
Court of Delhi at New Delhi in Writ Petition (C) No. 6792/2008.
G
-!
WITH
Civil Appeal Nos. 1827 & 1828 of 2009.
315
H
316
SUPREME COURT REPORTS
[2009] 5 S.C.R.
. -
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A
P.P. Tripathi, ASG, R.F. Nariman, Arunabh Chaudhary,
Anupam Lal Oas, Amey Nargolkar and Abhiseth for the
Appellants.
T.S. Doabia, K.K. Venugopal, Rekha Pandey, D.S. Mahra,
B Vikas Goel, Ankur Talwar, Tarun Dua, Abhishek Kumar, Ravi
Singhania, K.C. Dua, Amitabh Chaturvedi, Neevesh Nagrath,
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Dr. Vipin Gupta, Atul Sharma, Milanka Chaudhary, S. Jha,
Surbhi Sharma, Jyoti Mendiratta and M.V. Kini & Associates
for the Respondents.
c
The Judgment of the Court was delivered by
DR. ARIJIT PASA'(AT, J. 1. Leave granted.
2. These three appeals are directed against the judgment
D of the Delhi High Court disposing of two writ petitions being
W.P.(C) No. 6792/2008 and 6419/2008. The first writ petition
4
was filed by GMR Infrastructure Ltd. and another, and the latter
writ petition was filed by Madhucon Projects Pvt. Ltd. and
another. The National Highway's Authority of India (in short
E
'NHAI') had indicated to the writ petitioners in each writ petition
that the writ petitioner was not eligible to participate in the
second stage of the bid process. The tender in question related
to design, engineering, construction, development, finance
operation and maintenance of Hyderabad Vijaywada Section
of the National Highway (NH-9) from KM 40.00 KM 221.500 in
F the State of AP. under NHDP Phase llA on Build, Operate and
Transfer basis.
Factual situation is almost undisputed. There were 19
bidders and two of them were non-responsive leaving 17
G bidders in the field. There are two stages in the evaluation
according to points scored method. The initial stress is on
financial stability and technical competence and experience.
The modalities for short listing of bidders is covered by clauses
2.21 and 3.5.2. The latter clause reads as follows:
H
"The Applicants shall then be ranked on the basis of
ISOLUX- SOMA- OMAXE CONSORTIUM v. MADHUCON 317
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PROJECTS PVT. LTD. & ORS. [DR. ARIJIT PASAYAT, J.]
their respective Aggregate Experience Scores and short-
A
listed for submission of Bids. The Authority expects to
short-list upto 5 (five) pre-qualified Applicants for
participation in the Bid Stage. The Authority, however,
reserves the right to extend the number f short-listed pre-
),
qualified Applicants ("Bidders") upto 6 (six)."
B
Placing reliance on clause 3.5.2 originally six persons were
short listed. They were as follows:
S.No.
Name of the Bidder
Re-evaluated Score
c
1.
Maytas Infra Limited
22779.70
Nagarjuna Construction
Company Limited China
Railway 18 Bureau
;A
Corporation Limited.
D
2.
Hindustan Construction
21657.26
.,
company Limited-John
Laing Investments Limited.
3.
GVK Power and
15722.52
E
infrastructure Limited
Thiess Leighton India-
Oriental Structural
Engineers India Private
Limited.
F
4.
Larsen Toubro Limited
15052.47
B.Seenaiah & Company
Limited.
5.
GMR Infrastructure Limited-
8362.73
G
Punj Lloyd Limited
6.
Madhuchon Projects Limited-Excerpt shown. Read the full judgment & AI analysis in Lexace.