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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
SD Infra Private Limited, Through its Authorized Signatory – Appellant
Versus
Ministry of Road Transport and Highways, (Zone South-1), Through its Director General – Respondent
ORDER :
KRISHNAN RAMASAMY, J.
This writ petition has been filed challenging the impugned communication dated 03.03.2025 passed by the 2nd respondent.
2. Petitioner's submission:
2.1 The learned Senior counsel appearing for the petitioner would submit that initially, the tenders were invited by way of Request for Proposal (RFP) for the development of National Highways, viz., (i) Gorantala – Hindupur & (ii) Mudanur to B.Kothapalli. The petitioner had participated in the said tender and submitted documents to support their eligibility criteria. Further, it made an offer for those bids with a Bank Guarantee of Rs.13.9 Crores.
2.2 Thereafter, the opening of the bid for the tender was originally scheduled on 05.09.2023 and 19.12.2023. However, the respondent could not adhere to these dates and extended the tender validity for almost 7 times. In the meantime, a letter of clarification dated 13.11.2024 was received by the petitioner, wherein it has been stated that a complaint was received against the petitioner from a local MLA on the ground of fabrication of documents. At this juncture, the petitioner realised that due to the inadvertant error made by the petitioner's staff, some mistakes had
The main legal point established in the judgment is the importance of jurisdiction, principles of natural justice, and procedural regularities in the tender process, as well as the consequences of ar....
A tendering authority is justified in cancelling a Letter of Award (LoA) and debarring a bidder for three years if the bidder is negligent in submitting fake bank guarantees.
The invocation of Bank Guarantees must be aligned with contractual terms; unauthorized invocation is deemed arbitrary.
The submission of a bogus Bank Guarantee by a bidder justifies a two-year ban under tender conditions, as the term 'certificate' includes documents.
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