IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). OF 2025 (ARISING OUT OF SLP (CIVIL) NO(S). 17357-17358 OF 2025)

UNION OF INDIA & ORS. APPELLANT(S)

VERSUS LUPIN GASES PRIVATE LIMITED RESPONDENT(S)

O R D E R

1. Leave granted.

2. We have heard both the learned counsel appearing for the parties at length. These appeals arise out of an e-tender issued by the appellants which has been set aside by the High Court vide the impugned order with a direction to the appellants to consider the respondent’s offer/negotiated rates.

3. The law governing tender is quite settled. The Courts are expected to exercise restraint in such matters, leaving flexibility to the tender inviting authority to exercise its discretion. Admittedly, in the case on hand, there is no concluded contract with the respondent who was not the successful tenderer. Furthermore, the successful tenderer, by name of M/s. SRK Gas Industries Private Limited, Satna, has already been awarded 20% work order which has not been challenged. Thus, the respondent cannot be declared a successful tenderer in the bulk category, which, in our considered view, is not even in existence. It is, ultimately, the discretion of the appellants to choose whether to proceed with the developmental category or the bulk category by Signature Not Verified Digitally signed by NITINt TAaLREkJAing note of the economic consideration.

Date: 2025.09.10 Reason:

4. In such view of the matter, the impugned order(s) passed by the High Court cannot be sustained in the eye of law. Accordingly, the same are set aside. The appeals are allowed. The appellants are at liberty to proceed with the tender process in which the respondent can also participate.

5. Pending application(s), if any, shall stand disposed of.

(M.M. SUNDRESH)

(SATISH CHANDRA SHARMA)

NEW DELHI;

SEPTEMBER 02, 2025.

ITEM NO.18 COURT NO.4 SECTION IV-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) No(s). 17357-17358/2025 [Arising out of impugned judgment and order dated 03-02-2025 in WPC No. 5768/2024 07-03-2025 in REVP No. 50/2025 passed by the High Court of Chhatisgarh at Bilaspur]

UNION OF INDIA & ORS. Petitioner(s)

VERSUS LUPIN GASES PRIVATE LIMITED Respondent(s)

(IA No. 140948/2025 - CONDONATION OF DELAY IN FILING)

Date : 02-09-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) : Mr. S.D. Sanjay, A.S.G.

Mr. Amit Sharma-b, Adv.

Mr. Akshay Amritanshu, Adv.

Mr. Madhav Sinhal, Adv.

Mr. Sidharth Yadav, Adv.

Mr. Ishaan Sharm, Adv.

Mr. Amrish Kumar, AOR For Respondent(s) : Mr. Anand Padmanabhan, Sr. Adv.

Mr. Ashish Shrivastava, Sr. Adv.

Mr. Anshuman Shrivastava, Adv.

Mr. Abhijeet Shrivastava, AOR Ms. Ananya Sahu, Adv.

Mr. Shashank Shekhar Dwivedi, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals are allowed in terms of the signed order.

Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (POONAM VAID)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)