Supreme Court · 2016 INSC 1192 · Decided 17 August 2016

Central Coalfields Limited & ANR. v. Sll-Sml (Joint Venture Consortium) & ORS.

Court
Supreme Court of India
Citation
2016 INSC 1192 · [2016] 4 S.C.R. 890
Case number
CIVIL APPEAL No. 8004/2016
Decided
17 August 2016
Bench
MADAN B. LOKUR, R.K. AGRAWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Contract: Bidding process - Terms of NIT - Deviation from, permissibility - Held: Whether a term of NIT is essential or not is a C decision taken by employer which should be respected - Even if the term is essential, the employer has inherent authority to deviate from it provided 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 D -· bank guarantee to be furnished - Jn such case,

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