AFCONS INFRASTRUCTURE LTD. Vs. NAGPUR METRO RAIL CORPORATION LTD. & ANR.
LAWS(SC)-2016-9-14
SUPREME COURT OF INDIA
Decided on September 15,2016

AFCONS INFRASTRUCTURE LTD. Appellant
VERSUS
Nagpur Metro Rail Corporation Ltd. And Anr. Respondents

JUDGEMENT

MADAN B.LOKUR, J. - (1.) In Civil Appeal No. 9078 of 2016 and Civil Appeal No. 9079 of 2016 filed by Afcons Infrastructure Ltd., the challenge is to the judgment and orders dated 28 th July, 2016 and 11th August, 2016 passed by the Bombay High Court. In Civil Appeal Nos. 9080 -9081 of 2016filed by the Nagpur Metro Rail Corporation Ltd., the challenge is to the judgment and orders dated 28th July, 2016 and 12th August, 2016 passed by the Bombay High Court. The combined effect of all the impugned orders is that the High Court held that M/s. Guangdong Yuantian Engineering Company (GYT) of China and M/s. TATA Projects Limited (TPL) as a Joint Venture (hereinafter referred to as the 'GYT -TPL JV') are eligible to bid for a tender invited by the Nagpur Metro Rail Corporation Limited (for short 'NMRCL') on 12th May, 2016.
(2.) Bids were invited by NMRCL for the design and construction of a viaduct in Reach -3 between Jhansi Rani Square and Lokmanya Nagar Stations from CH 7825M to CH 18212M on the East -West Corridor of Nagpur Metro Rail Project.
(3.) GYT -TPL JV gave its bid for the contract but NMRCL, by an e -mail dated 23 rd July, 2016 communicated to GYT -TPL JV that its bid was disqualified at the technical bid opening. The comment/remark relating to the disqualification stated that the documents submitted by GYT -TPL JV do not meet the eligibility conditions as stipulated in Clause 4.2 (a) of Section III of the bid documents.;


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