Supreme Court · 2006 INSC 750 · Decided 31 October 2006

M/S. B.S.N. Joshi and Sons LTD. v. Nair Coal Services LTD. and ORS.

Court
Supreme Court of India
Citation
2006 INSC 750 · [2006] SUPP. 8 S.C.R. 11
Case number
CIVIL APPEAL No. 4613/2006
Decided
31 October 2006
Bench
S.B. SINHA, DALVEER BHANDARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act

Headnote

B Contract Act, I 872: Section 3. Tender-Notice inviting tender-"Declared defaulter"-Ejfect of-Held: When a contractor is black-listed by a department, he is debarred from C obtaining a contract-However, in terms of notice inviting tender, when a tenderer is declared to be a defaulter, on him- 'Declared defaulter' should be an actual defaulter and not an alleged defaulter-Hence, so long as the dispute is not resolved, the contractor may not be declared to be a D defaulter. Tender-Notice inviting tender-State Electricity Board issued a notice inviting tender for coal liaison,

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