JUDGMENT :

Rohinton F. Nariman, J.

Leave granted.

2. A Tender was called by the appellant before us on 06.01.2018 for balance earthwork to be done in a canal. The Tender was ultimately replied to by three persons whose bids, respectively, were -Rs.39.53 crores by Respondent No.1, Rs.39.15 crores by Respondent No.2, and Rs.46.81 crores by Respondent No.3. There is no dispute that the bid of Respondent No. 2 was the lowest bid. At this stage, it is a little important to advert to some of the tender conditions:-

“Contract” is defined by the e-tender in question as follows:-

“1.3.9 CONTRACT :

It shall mean and include following documents.

Tender Documents.

Specifications.

Drawings.

Tender document & information/data submitted by contractor

Common set of conditions/Minutes of pre-Tender conference.”

Clause 2.15 speaks of “Pre-tender Conference” as follows:-

“1. Pre-tenders conference open to all prospective tenderer will be held in the office as stated in this Section, wherein the prospective tenderer will have an opportunity to obtain clarifications regarding the work and the tender condition