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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
M.S. RAMACHANDRA RAO, C.J., AJAY MOHAN GOEL
ABCI Infrastructure Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
M.S. Ramachandra Rao, Chief Justice
Heard both sides and with the consent of both sides, this Writ petition is being disposed of.
2) The Writ petitioner is a Company incorporated under the Companies Act, 1956.
3) The Border Road Organization (2nd respondent), which is under the Ministry of Defence of the Union of India (1st respondent) had issued a notice inviting bids on 23.02.2023 for design and construction of Uni-Directional Two Lane Twin Tunnels at Shinkun La Pass of Length 4.1 km (Approximately) including Civil and Electrical/ Mechanical Work alongwith approaches connecting Darcha-Padam Highway to NHDL Specification in Himachal Pradesh and Union Territory, Ladakh through Engineering, Procurement and Construction mode.
4) The estimated cost of the work was Rs.1504.64 crores and the same was to be completed within a period of 48 months.
5) The said Notice Inviting Tender (NIT) was accompanied by a Request For Proposal which contained the terms and conditions for making the bid. The bid had to be uploaded online and comprised of a technical bid as well as a financial bid.
6) The bid due date was extended and was ultimately fixed for03.06.2023 upto 11.00 hours Indian Standard
The invocation of Bank Guarantees must be aligned with contractual terms; unauthorized invocation is deemed arbitrary.
Mistake – A mistake may be unilateral or mutual, but it is always unintentional – If it is intentional, it ceases to be a mistake – Mistakes, including by authorities, should be resolved through corr....
Courts may mitigate penalties for inadvertent bidding errors, emphasizing fairness in tender processes.
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