TEJAS CONSTRUCTIONS AND INFRASTRUCTURE PVT LTD Vs. MUNICIPAL COUNCIL SENDHWA
LAWS(SC)-2012-5-6
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on May 04,2012

TEJAS CONSTRUCTIONS AND INFRASTRUCTURE PVT. LTD Appellant
VERSUS
MUNICIPAL COUNCIL, SENDHWA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal arises out of an order passed by the High Court of Madhya Pradesh at Indore whereby Writ Petition No.3427 of 2011 filed by the appellant was dismissed and the allotment of the project work involving design, construction and commissioning of a single integrated water supply at Sendhwa (Madhya Pradesh) in favour of M/s P.C. Snehal Construction Company-respondent No.2 upheld.
(3.) In terms of notice inviting tenders (NIT for short) Municipal Council Sendhwa, in the State of M.P., invited tenders from eligible contractors for the construction of an Integrated Water Supply Scheme at an estimated cost of nearly rupees twenty crores. Clause (1) of the said NIT as amended by addendum dated 23 rd March, 2011, stipulated the following essential conditions of eligibility for the intending bidders: "1. Registered Contractors have to produce valid Registration certificate in the category of S-V or equivalent in any State/Central Government Department or Government undertaking. a) Registered Contractors/Firms of Repute/Joint Venture firms have to produce certificate for executing single work of integrated water supply scheme comprising of intake well, raw/clear water pumping main, pumps, OHTS, Distribution system completed and running successfully at present, having value equal to 60% of the cost of the proposed works in last 5 years. This certificate should clearly mention amount of contract, completion period as per Tender and actual completion period. (In case of WPI adjustment for cost of works the same may be furnished along with a certificate of Chartered Accountant). The certificate shall be issued from the officer not below the rank of Executive Engineer or equivalent. b) Certified copy of audited balance sheet of last 5 years showing annual turnover equal to estimated cost of the work and average net worth equal to 40% of the cost of works.";


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