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,
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)