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ORISSA HIGH COURT : CUTTACK
HARISH TANDON, CJ, MURAHARI SRI RAMAN
Mishra Infra Projects, Represented Through Its Partner, Shri Abakash Mishra – Appellant
Versus
State Of Odisha, Represented Through Commissioner-Cum-Secretary, Works Department, Govt. Of Odisha – Respondent
| Table of Content |
|---|
| 1. submission of bid requires compliance with the dtcn. (Para 1) |
| 2. bid submission must meet tender document requirements. (Para 2 , 6) |
| 3. petitioner argues rejection of bid is unsustainable under dtcn. (Para 3 , 4) |
| 4. modification of dtcn post-bid submission is questionable. (Para 5) |
| 5. clause 34 requires understanding in context and applicability stage. (Para 7) |
| 6. applicability of emd submission clause contingent on award notice. (Para 8) |
| 7. writ petition dismissed, no order on costs. (Para 9) |
JUDGMENT :
HARISH TANDON, C.J.
Pursuant to a Detailed Tender Call Notice (DTCN) made and published on 10th April, 2025 for construction of a work relating to “Improvement such as Widening and Strengthening of Bhojpur-Jamankira road from 0/000 km to 13/695 km in the district of Sambalpur under the State Plan”, the petitioner offered his bid – online and furnished the bank guarantee for Earnest Money Deposit (EMD).
2. The authority opened the bid at the technical stage and found that the petitioner has not complied with the terms and conditions of the said DTCN, hence, such bid was rejected. The reason assigned can be reasonably discern from the communication made to the petitioner tha
Submission of Earnest Money Deposit (EMD) through bank guarantee was non-compliant with the mandatory electronic modes prescribed in the Detailed Tender Call Notice, and subsequent modifications to t....
Bank guarantee represents an independent contract between bank and beneficiary, both parties would be bound by terms thereof.
The invocation of Bank Guarantees must be aligned with contractual terms; unauthorized invocation is deemed arbitrary.
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
Tender authorities possess the discretion to define submission requirements for bids, and courts should not intervene unless there is clear irrationality or arbitrariness in their decisions.
The deletion of clauses in tender documents invalidates non-compliance claims, and the interpretation of 'like' supports flexible compliance with bid security requirements.
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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