Supreme Court of India
M/s Om Gurusai Construction Company v. M/s V.N. Reddy & Ors
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What the Court ordered
In view of the above, we have no hesitation to hold that the deposit of the additional performance security on 17.03.2021 was in due compliance of Clause 2.22.0 (ix) of the tender conditions.
Judgment, page 9
From the headnote
Issue for consideration: Under Clause 2.22.0 (ix) of tender conditions, the appellant was to furnish the additional performance secur ity within a period of two working days and this duration of two days was not to b e relaxed under any circumstances, whether to construe clause 2.22.0(ix) as rigid and unalterable, even if the justice of the cause warranted otherwise. Tender – The tendering authority had accepted the additi onal performance security on 17.03.2021 i.e. after a period of two working days – Propriety: Held: Under Clause 2.22.0 (ix), the appellant was to furnish the additional
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