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SUBRAMONIUM PRASAD
Kamac - Shiva (Jv) – Appellant
Versus
National Highways And Infrastructure Development Corporation Ltd. – Respondent
JUDGMENT
1. The Petitioner has approached this Court challenging the decision of the Respondent/National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) debarring the Petitioner being joint venture consortium consisting of M/s Kamac Engineers Pvt. Ltd. (KEPL) and M/s Shiv Harlalka, for a period of one year from participating in any tender or Request for Proposal (RFP) issued by the Respondent/NHIDCL.
2. The Respondent/NHIDCL brought out a Request for Proposal (RFP) and a Notice Inviting Tender (NIT) bearing No. Bid/Pkg No: NHIDCL/Assam/JD/Re/2022/2019136 dated 27.04.2022 inviting bids for "Four Laning of Jhanji to Demow from Km. 491.050 to Km. 535.250 of NH-37 in the state of Assam under SARDP on Engineering Procurement and Construction (EPC) Mode" (hereinafter referred to as 'Project') at an estimated cost of Rs.271.12 crores. The said project was to be completed within a period of 18 months with a defeat liability period of 60 months. The Petitioner is a joint venture created between M/s KAMAC and M/s Shiv Harlalka by way of a joint Bidding Agreement for the purpose of placing the bid for the aforesaid project. M/s KAMAC was to be the lead member of the joint vent
Bidders must comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
The court upheld that the authority's interpretation of RFP criteria for bid evaluation is final, emphasizing that nomenclature of a project does not solely determine eligibility.
The court upheld the debarment of the petitioner for failing to submit a performance guarantee on time, affirming the procedural fairness and adherence to the RFP guidelines.
Point of law: Court must exercise its discretionary power under Article 226 with great caution and should exercise it only in furtherance of public interest and not merely on the making out of a lega....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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