Supreme Court of India
Central Coalfields Limited & Anr. v. Sll-sml (joint Venture Consortium) & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
5 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that since CCL had not relaxed or deviated from the requirement of furnishing a bank guarantee in the prescribed format, in so far as the present appeals are concerned every bidder was obliged to adhere to the prescribed format of the bank guarantee.
Judgment, page 18
From the headnote
Contract: Bidding process - Terms of NIT - Deviation from, permissibility - Held: Whether a term of NIT is essential or not is a decision taken by employer which should be respected - Even if the term is essential, the employer has inherent authority to deviate from it provided the deviation is made applicable to all bidders and potential bidders - However, if the term is held by the employer to be ancillary or subsidiary even that decision should be respected - In the instant case, the employer prescribed a particular format of -· bank guarantee to be furnished - Jn such case, bidder ought
Authorities it was built on
- 1979 Ramana Dayaram Shetty v. The International Airport Authority of India and Ors.
- 1994 Tata Cellular v. Union of India
- 2006 Jagdish Mandal v. State of Orissa and Ors.
- 2016 Bakshi Security and Personnel Services Pvt. Ltd v. Devkishan Computed Pvt. Ltd. and Ors.
- 1990 G.j Fernandez v. State of Karnataka & Ors.
Where later benches applied it
- 2022 National High Speed Rail Corporation Limited v. Montecarlo Limited & Anr
- 2020 The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd.& Anr.
- 2024 Banshidhar Construction Pvt. Ltd. v. Bharat Coking Coal Limited & Others
- 2018 Municipal Corporation, Ujjain & Anr. v. Bvg India Limited and Ors.
- 2019 M/s N Ramachandra Reddy v. The State of Telangana & Ors
Of those, 2 relied on · 1 distinguished · 2 referred to
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