RELIANCE ENERGY LIMITED Vs. MAHARASHTRA STATE ROAD DEVLOPMENT CORPORATION LTD
LAWS(SC)-2007-9-1
SUPREME COURT OF INDIA
Decided on September 11,2007

RELIANCE ENERGY LIMITED Appellant
VERSUS
MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD. Respondents





Cited Judgements :-

ASHOK KUMAR AGARWALA VS. HABRA MUNICIPALITY & ORS. [LAWS(CAL)-2018-7-317] [REFERRED TO]
RUDRAKSH TOURS AND TRAVELS VS. MANAGING DIRECTOR/VICE CHAIRMAN [LAWS(BOM)-2024-11-21] [REFERRED TO]
GENERAL TRADERS VS. GAIL INDIA LIMITED [LAWS(ALL)-2013-7-41] [REFERRED TO]
FIBREMARX PAPERS PVT LTD. AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-5-154] [REFERRED TO]
CABLE OPERATORS WELFARE ASSOCIATION AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(KER)-2019-4-208] [REFERRED TO]
ESL STEEL LIMITED VS. UNION OF INDIA [LAWS(DLH)-2022-8-44] [REFERRED TO]
HINDUSTAN LABORATORIES VS. COMMISSIONER KARNATAKA HEALTH [LAWS(KAR)-2014-3-499] [REFERRED TO]
VISHWANATH H. M. VS. GOVERNMENT OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS VIDHANA SOUDHA [LAWS(KAR)-2019-12-252] [REFERRED TO]
SMEC INTERNATIONAL PVT. LTD. VS. ASSAM ELECTRICITY GRID CORPORATION LTD [LAWS(GAU)-2022-8-70] [REFERRED TO]
B SAILESH SAXENA VS. UNION OF INDIA AND OTHERS [LAWS(APH)-2018-6-2] [REFERRED TO]
PURAVANKARA PROJECTS LIMITED VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2013-3-91] [REFERRED TO]
INDEPENDENT GAS BASED POWER PRODUCERS ASSOCIATION VS. UNION OF INDIA AND ORS. [LAWS(APH)-2015-1-13] [REFERRED TO]
SHREE SHUBHAM LOGISTICS LIMITED AND OTHER VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-2018-8-144] [REFERRED TO]
SHREE ERCON PREFABS VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-199] [REFERRED TO]
BVG INDIA LIMITED VS. STATE OF BIHAR [LAWS(PAT)-2023-11-29] [REFERRED TO]
STATE OF KERALA VS. SURENDRA DAS [LAWS(SC)-2014-3-105] [REFERRED TO]
New India Assurance Co. VS. State of Orissa [LAWS(ORI)-2011-9-33] [REFERRED TO]
SETH INDUSTRIAL CORPORATION, 80 VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-10-132] [REFERRED TO]
UNION OF INDIA VS. BHARAT FORGE LTD [LAWS(SC)-2022-8-46] [REFERRED TO]
AMARJIT SINGH SIDHU VS. STATE OF PUNJAB [LAWS(P&H)-2016-6-54] [REFERRED TO]
TRINAFANCY W. MOMIN VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-4-2] [REFERRED TO]
M/S SUNNY WINES THROUGH ITS PROPRIETOR VS. STATE OF HARYANA & ORS. [LAWS(P&H)-2019-11-409] [REFERRED TO]
T. Venkatesh Reddy Aged About 48 Years S/o Late Thimmareddy R/o Deverchikkanahalli Village Begur Hobli, Bangalore South Taluk, Bangalore and T. Keshava Reddy Aged About 46 Years S/o Late Thimmareddy R/o Deverchikkanahalli Village, Begur Hobli, Bangalore S VS. [LAWS(KAR)-2011-10-81] [REFERRED TO]
M/S. HOLOFLEX LTD. VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2016-9-42] [REFERRED TO]
SHREEJIKRUPA PROJECT LIMITED VS. TELECOMMUNICATION CONSULTANTS INDIA LIMITED [LAWS(DLH)-2023-7-236] [REFERRED TO]
GAUTAM SHARMA VS. JAWAHAR LAL NEHRU UNIVERSITY AND ORS. [LAWS(DLH)-2016-1-154] [REFERRED TO]
RESOURSYS TELECOM VS. NAVODAYA VIDYALAYA SAMITI [LAWS(DLH)-2021-9-81] [REFERRED TO]
PETROSTAR VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2019-12-242] [REFERRED TO]
GAURANG ENGINEERING VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-8-58] [REFERRED TO]
HERMES TECHNOLOGIES PRIVATE LIMITED VS. UNION OF INDIA [LAWS(GJH)-2022-8-992] [REFERRED TO]
C.S.R. INFRATECH INDIA PRIVATE LIMITED VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2014-6-9] [REFERRED TO]
DHARMENDRA M. JANI VS. UNION OF INDIA [LAWS(BOM)-2021-6-74] [REFERRED TO]
T M INTERNATIONAL LOGISTICS LTD VS. TARIFF AUTHORITY FOR MAJOR PORTS [LAWS(CAL)-2009-5-50] [REFERRED TO]
PAM DEVELOPMENT PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-3-2] [REFERRED TO]
J VS. EMPLOYEES STATE INSURANCE CORPORATION & ORS. [LAWS(DLH)-2017-3-42] [REFERRED TO]
SMITHS DETECTION ASIA PACIFIC PTE LTD VS. UNION OF INDIA [LAWS(DLH)-2010-7-99] [REFERRED TO]
ARDESHIR B. CURSETJEE & SONS LTD. VS. THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD. [LAWS(CAL)-2017-7-89] [REFERRED TO]
JUGNESH YADAV VS. STATE OF M.P. [LAWS(MPH)-2019-5-233] [REFERRED TO]
CORE PROJECTS AND TECHNOLOGIES LTD. VS. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA [LAWS(PAT)-2010-5-265] [REFERRED TO]
NILKAMAL LTD. VS. STATE OF BIHAR [LAWS(PAT)-2013-1-89] [REFERRED TO]
K T PLANTATION PVT LTD VS. STATE OF KARNATAKA [LAWS(SC)-2011-8-39] [REFERRED TO]
STATE OF KERALA VS. B SURENDRA DAS ETC [LAWS(SC)-2014-2-88] [REFERRED TO]
STATE OF KERALA VS. COCHIN SEAPORT HOTEL [LAWS(SC)-2014-3-48] [REFERRED TO]
EVEREST INSTRUMENT PVT. LTD. VS. TAMIL NADU CO-OPERATIVE MILK [LAWS(MAD)-2021-9-83] [REFERRED TO]
LAXSAN ASSOCIATES VS. STATE OF ODISHA [LAWS(ORI)-2024-3-142] [REFERRED TO]
K PARTHASARATHY VS. MEMBER SECRETARY CHENNAI METROPOLITAN DEVLOPMENT AUTHORITY [LAWS(MAD)-2009-9-10] [FOLLOWED ON]
SIMPLEX INFRASTRUCTURES LTD. VS. STATE OF KERALA [LAWS(KER)-2016-12-15] [REFERRED TO]
GREEN TRACK ENGINEERS AND CONSTRUCTION VS. KERALA MINERALS AND METALS LTD [LAWS(KER)-2014-1-9] [REFERRED TO]
M/S. SUPREME TRANSPORT VS. STATE OF M.P & ANOTHER [LAWS(MPH)-2016-7-42] [REFERRED TO]
K K BUILDERS VS. STATE OF KARNATAKA [LAWS(KAR)-2008-11-52] [REFERRED TO]
BRAHMI IMPEX LTD VS. UNION OF INDIA [LAWS(JHAR)-2009-6-4] [REFERRED TO]
ZOOM DEVELOPERS PVT. LTD VS. STATE OF KERALA [LAWS(KER)-2008-12-56] [REFERRED TO]
SRI ADINATH TRADERS VS. THE UNION OF INDIA AND ORS. [LAWS(MAD)-2016-2-39] [REFERRED TO]
GOVINDARAJ VS. STATE [LAWS(MAD)-2016-2-235] [REFERRED TO]
GOVINDARAJ VS. STATE [LAWS(MAD)-2016-2-235] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LIMITED VS. PRABAL SHARMA [LAWS(GAU)-2021-6-18] [REFERRED TO]
ACC INDIA PRIVATE LIMITED VS. STATE OF MAHARASHTRA, ACTING THROUGH ITS DEPARTMENT OF HOUSING AT MANTRALAYA [LAWS(BOM)-2018-7-297] [REFERRED TO]
COOLDECK INDUSTRIES PRIVATE LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-146] [REFERRED TO]
RAVI INDUSTRIES VS. GUJARAT RURAL INDUSTRIES MARKETING CORPORATION [LAWS(GJH)-2019-7-5] [REFERRED TO]
LABH DECOR VS. GUJARAT UNIVERSITY [LAWS(GJH)-2018-10-134] [REFERRED TO]
K.K. Builders Civil Engineering Contractors rep. by its Managing Partner K.K. Mohan Das S/o K.K. Kunhi Raman VS. State of Karnataka rep. by its Secretary to Government Department of Public Works, The Chief Engineer Karnataka Public Works Ports a [LAWS(KAR)-2008-11-87] [REFERRED TO]
GHANARAM ENGINEERS AND CONTRACTORS VS. STATE OF M P [LAWS(MPH)-2008-12-23] [REFERRED TO]
GKC PROJECTS LIMITED VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2022-12-110] [REFERRED TO]
JP AVIATION SERVICES SPRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-2020-8-112] [REFERRED TO]
SHYAM TRADING COMPANY VS. STATE OF GUJARAT [LAWS(GJH)-2023-2-2144] [REFERRED TO]
GRACE CASTINGS LIMITED VS. UTTAR GUJARAT VIJ COMPANY LTD [LAWS(GJH)-2022-8-156] [REFERRED TO]
R. & C. INFRA ENGINEERS PRIVATE LIMITED VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2022-9-109] [REFERRED TO]
SHAGUN MAHILA AUDYOGIK SAHAKARI SANSTHA MARYADIT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-8-34] [REFERRED TO]
FLEMINGO DUTY FREE SHOP PVT. LTD VS. UNION OF INDIA [LAWS(DLH)-2012-11-4] [REFERRED TO]
CONSORTIUM OF M/S SIEMENS AKTIENGESELLSCHAFT AND SIEMENS LTD VS. DELHI METRO RAIL CORPORATION LTD [LAWS(DLH)-2013-5-193] [REFERRED TO]
BHEEKAM CHANDRA VS. STATE OF U P [LAWS(ALL)-2012-5-65] [REFERRED TO]
AMITABH JALAN, MANAGING TRUSTEE & EXECUTOR K D JALAN TRUST VS. STATE OF U P [LAWS(ALL)-2014-1-108] [REFERRED TO]
S S C JV, A JOINT VENTURE COMPANY VS. HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY [LAWS(APH)-2014-10-57] [REFERRED TO]
INDIAN CHAIN PRIVATE LIMITED VS. AJIT NAIN [LAWS(CAL)-2014-7-58] [REFERRED TO]
SARDA ENERGY AND MINERALS LTD VS. UNION OF INDIA [LAWS(DLH)-2011-1-366] [REFERRED TO]
SRMB SRIJAN PRIVATE LIMITED VS. UNION OF INDIA [LAWS(CAL)-2023-4-222] [REFERRED TO]
S MOTILAL PLYWOOD HOUSE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-4-57] [REFERRED TO]
JAMSHEDPUR UTILITIES AND SERVICES COMPANY LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-4-190] [REFERRED TO]
MAN INDUSTRIES INDIA LTD VS. UNION OF INDIA [LAWS(DLH)-2009-7-174] [REFERRED TO]
HOLOFLEX LTD VS. STATE OF MP AND OTHERS [LAWS(MPH)-2016-9-78] [REFERRED]
XCELLANCE MEDICAL TECHNOLOGIES PRIVATE LIMITED VS. HLL INFRA TECH SERVICES LTD [LAWS(J&K)-2021-10-60] [REFERRED TO]
V DEVAGI VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2012-1-73] [REFERRED TO]
SS CONSTRUCTION COMPANY VS. STATE OF H.P. [LAWS(HPH)-2023-1-36] [REFERRED TO]
ZIMOMI TRADERS VS. FOOD CORPORATION OF INDIA [LAWS(MANIP)-2017-12-4] [REFERRED TO]
METROPOLITAN TRANSPORT CORPORATION OOZHIAR PROGRESSIVE UNION VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2011-3-148] [REFERRED TO]
INTERNATIONAL COMMERCE LTD VS. SECRETARY, MINISTRY OF COAL [LAWS(ORI)-2014-8-24] [REFERRED TO]
RAREFIELD ENGINEERING PVT LIMITED VS. CHAIRMAN PORT TRUST [LAWS(MAD)-2009-10-188] [REFERRED TO]
M KRISHNAKUMAR VS. CHIEF ENGINEER PWD WATER RESOURCES ORGANISATION MADURAI [LAWS(MAD)-2009-11-477] [REFERRED TO]
INDERMANI MINERAL (INDIA) PRIVATE LIMITED VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-2-103] [REFERRED TO]
PRASAD CONSTRUCTION AND COMPANY VS. STATE OF BIHAR [LAWS(PAT)-2023-10-50] [REFERRED TO]
DILBIR SINGH VS. PEPSU ROAD TRANSPORT CORPORATION PATIALA [LAWS(P&H)-2010-9-77] [REFERRED TO]
BANDISH ENTERPRISE VS. NUMALIGARH REFINERY LTD. [LAWS(GAU)-2022-11-46] [REFERRED TO]
SHREE SHYAM TRADING COMPANY VS. STATE OF GUJARAT [LAWS(GJH)-2023-2-179] [REFERRED TO]
JOHNSON & SMITH CO. VS. KARNATAKA STATE DRUGS LOGISTICS & WAREHOUSING SOCIETY, BANGALORE [LAWS(KAR)-2017-1-145] [REFERRED TO]
M/S. KAMLADITYYA CONSTRUCTION PRIVATE LIMITED VS. UNION OF INDIA [LAWS(GAU)-2013-2-25] [REFERRED TO]
T VENKATESH REDDY BANGALORE VS. STATE OF KARNATAKA BY ITS SECRETARY TO DEPARTMENT OF HOUSING AND URBAN DEPARTMENT BANGALORE [LAWS(KAR)-2011-10-1] [REFERRED TO]
ACER INDIA PRIVATE LIMITED VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-9-4] [REFERRED TO]
HINDUSTAN CONSTRUCTION COMPANY LTD. VS. U.P. JAL NIGAM AND ORS. [LAWS(ALL)-2014-7-341] [REFERRED TO]
KEC INTERNATIONAL LIMITED AND ANOTHER VS. UNION OF INDIA AND OTHERS [LAWS(CAL)-2009-7-110] [REFERRED TO]
BABLU MITRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-8-65] [REFERRED]
PEERLESS GENERAL FINANCE AND INVESTMENT CO LTD VS. CANARA BANK [LAWS(CAL)-2011-8-57] [REFERRED TO]
STARNET COMMUNICATIONS PVT LTD VS. BHARAT SANCHAR NIGAM LIMITED [LAWS(DLH)-2012-1-527] [REFERRED TO]
SELEX SISTEMI INTEGRATI VS. UNION OF INDIA [LAWS(DLH)-2011-9-162] [REFERRED TO]
OLIVE GHOSH VS. INDIAN OIL CORPORATION LTD [LAWS(CAL)-2013-3-112] [REFERRED TO]
SUMITOMO CHEMICAL INDIA PVT LTD VS. UNION OF INDIA [LAWS(DLH)-2010-7-367] [REFERRED TO]
PUNJ LLOYD LIMITED VS. OIL & NATURAL GAS CORPORATION LTD., [LAWS(BOM)-2011-4-199] [REFERRED TO]
JAI BALAJI INDUSTRIES LTD VS. UNION OF INDIA [LAWS(GAU)-2011-1-34] [REFERRED TO]
VE COMMERCIAL VEHICLES LTD. VS. STATE OF GUJARAT [LAWS(GJH)-2021-5-46] [REFERRED TO]
MAHARASHTRA STATE CO OPERATIVE BANK LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-8] [REFERRED TO]
UTKAL PHARMACEUTICALS MANUFACTURERS ASSOCIATION VS. STATE OF ORISSA [LAWS(ORI)-2010-12-25] [REFERRED TO]
VERIETY ENTERTAINMENT PVT LTD VS. STATE OF ORISSA [LAWS(ORI)-2008-5-17] [REFERRED TO]
C S E P D I VS. TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED [LAWS(MAD)-2015-4-1] [REFERRED TO]
POLARIS FINANCIAL TECHNOLOGY LIMITED VS. CORPORATION BANK [LAWS(MAD)-2013-6-144] [REFERRED TO]
EMIL MATHEW VS. UNION OF INDIA [LAWS(MAD)-2015-1-2] [REFERRED TO]
GARG AND GARG CO VS. UNION OF INDIA [LAWS(HPH)-2023-9-64] [REFERRED TO]
M/S KUTCH BRINE CHEM INDUSTRIES VS. STATE OF M.P. [LAWS(MPH)-2013-7-96] [REFERRED TO]
YAMBEM SANJIT MEETEI VS. STATE OF MANIPUR [LAWS(MANIP)-2020-3-17] [REFERRED TO]
THWINGLAND LYNGKHOI VS. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL [LAWS(MEGH)-2014-6-3] [REFERRED TO]
AGRAWAL GLOBAL INFRATECH PRIVATE VS. RAMIYA-HS (JV) [LAWS(JHAR)-2021-10-20] [REFERRED TO]
CSEPDI - TRISHE CONSORTIUM VS. TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LIMITED (TANGEDCO) AND ORS. [LAWS(MAD)-2015-9-91] [REFERRED TO]
STATE OF HARYANA VS. DEVELOPMENT STRATEGIES (I) PRIVATE LIMITED [LAWS(P&H)-2008-9-58] [REFERRED TO]
VAAS EXPORTS VS. DIRECTOR GENERAL OF FOREIGN TRADE [LAWS(MAD)-2008-7-644] [REFERRED]
NILENDRA KUMAR MAHAPATRA VS. INDIAN OIL CORPORATION [LAWS(ORI)-2022-9-61] [REFERRED TO]
M/S R. R. COMPANY, A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT VILLAGE & P.O. VS. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA [LAWS(PAT)-2016-7-108] [REFERRED TO]
MOHAMMAD SULTAN KHAN VS. UNION OF INDIA [LAWS(MPH)-2021-7-39] [REFERRED TO]
KRISNAA DIAGNOSTICS PVT. LTD. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-2-22] [REFERRED TO]
CHANDER SINGH RATHI VS. STATE BANK OF INDIA AND ANOTHER [LAWS(P&H)-2009-2-232] [REFERRED]
SAHAKAR GLOBAL LTD. VS. THE HYDERABAD METROPOLITAN DEVELOPMENT AUTHORITY [LAWS(APH)-2014-10-93] [REFERRED TO]
AKRUTI CITY LTD VS. HIS HIGHNESS GOVERNOR OF KARNATAKA RAJ BHAVAN BANGALORE [LAWS(KAR)-2010-9-71] [REFERRED TO]
SOLANKI CONSTRUCTION VS. CHIEF OFFICER [LAWS(GJH)-2021-2-157] [REFERRED TO]
AVP INFRASTRUCTURE, ENGINEERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-221] [REFERRED TO]
PHONEX TRADERS & ANR VS. UNION OF INDIA & ORS [LAWS(CAL)-2017-12-17] [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. GANESH MOVERS AND LOGISTICS (P) LTD. [LAWS(CAL)-2022-3-43] [REFERRED TO]
GANESH MOVERS & LOGISTICS (P) LTD VS. INDIAN OIL CORPORATION LIMITED [LAWS(CAL)-2021-12-35] [REFERRED TO]
INDANE LPG DISTRIBUTORS ASSOCIATION, WEST BENGAL VS. INDIAN OIL CORPORATION LTD. [LAWS(CAL)-2023-9-78] [REFERRED TO]
SYNERGY STEELS LIMITED VS. PETROLEUM AND NATURAL GAS REGULATORY BOARD AND ORS. [LAWS(DLH)-2015-10-261] [REFERRED TO]
AGMATEL INDIA PRIVATE LIMITED VS. RESOURSYS TELECOM [LAWS(SC)-2022-1-140] [REFERRED TO]
GVPR-DARA JV 8-2-273/82/A VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-2-17] [REFERRED TO]
UDAIPUR TANKER OWANERS ASSO. AND KISHAN GOPAL ATAL AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(RAJ)-2008-10-36] [REFERRED TO]
RAJ. RAJYA VIDYUT UTPADAN NIGAM LTD VS. MANGLAM CEMENT LTD [LAWS(RAJ)-2013-11-17] [REFERRED TO]
SHREE PACETRONIX LTD REP BY ITS MANAGING DIRECTOR ATUL SETHI S/O SHRI SURENDRA KUMAR SETHI R/O 1 MOON PALACE COLONY INDORE VS. CONTROLLER OF STORES SOUTHERN RAILWAY AYANAVARAM CHENNAI [LAWS(MAD)-2012-4-102] [REFERRED TO]
R.CHINNUSAMY VS. STATE OF TAMIL NADU [LAWS(MAD)-2013-1-16] [REFERRED TO]
CHHATISGARH POWER & COAL BENEFICIATION LIMITED VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-10-1] [REFERRED TO]
THREE STAR POULTRY FARM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2014-4-30] [REFERRED TO]
POOVAMMAL VS. TAMIL NADU CIVIL SUPPLIES CORPORATION REP. BY ITS MANAGING DIRECTOR [LAWS(MAD)-2012-2-607] [REFERRED TO]
MISHA POWER PVT. LTD VS. TAMIL NADU GENERATION AND DISTRIBUTION CORP. LTD [LAWS(MAD)-2013-1-20] [REFERRED TO]
AIRCEL CELLULAR LTD VS. UNION OF INDIA [LAWS(MAD)-2016-8-24] [REFERRED TO]
PACE DIGITEK INFRA PVT LTD VS. TAMIL NADU FIBERNET CORPORATION LTD [LAWS(MAD)-2021-3-4] [REFERRED TO]
ABDUL NAZAR M.A VS. CHIEF ENGINEER [LAWS(KER)-2017-6-388] [REFERRED TO]
SLL-SML (JOINT VENTURE CONSORTIUM) AND ORS. VS. CENTRAL COALFIELDS LIMITED AND ORS. [LAWS(JHAR)-2015-10-156] [REFERRED TO]
RAMIYA CONSTRUCTION PVT. LTD. VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-5-169] [REFERRED TO]
RAJESWARI PUTHAGA NILAYAM VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2008-12-279] [REFERRED TO]
BALAJEE ELECTROSTEELS COMPANY (P) LTD VS. BOKARO STEEL PLANT [LAWS(JHAR)-2009-4-99] [REFERRED TO]
FAROOQ HUSSAIN VS. STATE OF J&K AND ORS. [LAWS(J&K)-2017-8-48] [REFERRED TO]
GDCL KRISHNA TCPL JV VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-9-111] [REFERRED TO]
ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(TD)-2015-4-9] [REFERRED TO]
PRAGATI AGRIBIZ LLP VS. MANAGING DIRECTOR [LAWS(MPH)-2021-4-12] [REFERRED TO]
LARSEN AND TOUBRO LTD VS. SJVN THERMAL (P) LTD [LAWS(PAT)-2019-4-92] [REFERRED TO]
M/S NCC LTD VS. THE BIHAR MEDICAL SERVICES & INFRASTRUCTURE CORPORATION LTD. [LAWS(PAT)-2016-2-91] [REFERRED TO]
TERA SOFTWARE LIMITED VS. STATE OF KARNATAKA [LAWS(KAR)-2014-1-186] [REFERRED TO]
TRANSVISION SOFTWARE & DATA SOLUTIONS PVT. LTD. AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-8-68] [REFERRED TO]
SHREE PACETRONIX VS. RAM MANOHAR LOHIA HOSPITAL [LAWS(DLH)-2021-9-294] [REFERRED TO]
TRIGYN TECHNOLOGIED LTD. VS. STATE OF ASSAM [LAWS(GAU)-2021-9-2] [REFERRED TO]
AMAL CHANDRA BORA VS. STATE OF ASSAM [LAWS(GAU)-2024-4-105] [REFERRED TO]
HEALTH-O-WONDER PRIVATE LTD. VS. COMMISSIONER [LAWS(BOM)-2024-3-136] [REFERRED TO]
ANIL RUBBER MILLS PVT. LTD. VS. STEEL AUTHORITY OF INDIA LTD. [LAWS(CHH)-2020-12-10] [REFERRED TO]
STERLITE TECHNOLOGIES LTD VS. ASSAM POWER DISTRIBUTION CO LTD [LAWS(GAU)-2011-6-49] [REFERRED TO]
OLD UNITED ENTERPRISE VS. HINDUSTAN PAPER CORPORATION LTD [LAWS(GAU)-2012-11-18] [REFERRED TO]
S. B. ENTERPRISE VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-1-13] [REFERRED TO]
RATTAN INDIA POWER LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-5-47] [REFERRED TO]
AURANGABAD ELECTRICAL CONTRACTORS ASSOCIATION VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-4-43] [REFERRED TO]
SRI BALAJI CONSTRUCTIONS REP. BY ITS MANAGING PARTNER VS. GOVT. OF ANDHRA PRADESH, REP., BY ITS SECRETARY (R&B), HYDERABAD AND OTHERS [LAWS(APH)-2007-12-100] [REFERRED TO]
ASHWIN S SHAH VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-2009-8-210] [REFERRED TO]
L M P PRECISION ENGINEERING CO PVT LTD VS. UNION OF INDIA [LAWS(MPH)-2011-7-94] [REFERRED TO]
RTS POWER CORPORATION LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-4-45] [REFERRED TO]
RELIANCE TELECOM LTD. & ANR. VS. UNION OF INDIA & ANR. [LAWS(SC)-2017-1-62] [REFERRED TO]
M/S. VISHNU TRADING COMPANY VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-9-411] [REFERRED TO]
EASUN PRODUCTS OF INDIA P LTD VS. CHAIRMAN TAMIL NADU ELECTRICITY BOARD [LAWS(MAD)-2011-2-337] [REFERRED TO]
M/S. KALINGA ORDER SUPPLIER VS. STATE OF ORISSA [LAWS(ORI)-2014-1-13] [REFERRED TO]
M/S GAUTAM BUILDERS AND ANOTHER VS. CHANDIGARH HOUSING BOARD AND OTHERS [LAWS(P&H)-2011-8-133] [REFERRED TO]
Sundargarh Citizens Forum VS. Orissa State Road Transport Corporation [LAWS(ORI)-2008-12-33] [REFERRED TO]
A B MINERALS AND EXPORTS VS. PARADEEP PORT TRUST [LAWS(ORI)-2011-2-11] [REFERRED TO]
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JUDGEMENT

KAPADIA, J. - (1.)STATE of Maharashtra through Maharashtra STATE Road Development Corporation Ltd. (for short, "MSRDC") floated Global Tender for completing Mumbai Trans Harbour Link ("MTHL") between Mumbai and Navi Mumbai on BOT basis.
(2.)RELIANCE Energy Limited is a company registered under the Companies Act, 1956. It is engaged in generation, transmission and disbursement of power in Maharashtra, Delhi etc.
Hyundai Engineering and Construction Company Ltd. (for short, "HDEC") is a company incorporated in Korea. It is specialized in construction of bridges.

At this stage, it may be noted that the above Project is to be at the cost of Rs. 26000 million (Rs. 2600 crores). The bidders were required to submit RFQ Document by 10.1.2005. Under the PQ Document, M/s Jean Muller, France was appointed as consultant by MSRDC. Under the PQ Document, the bidders were required to submit financial statements of three financial years subject to the condition that the latest should not be earlier than the financial year ending 31.12.2002. REL/HDEC formed a consortium. As a consortium they were required to comply with clause 7.2.2 which stipulated net cash profit at Rs. 200 crores. The said consortium has been excluded from the second stage of bidding on the ground that it has not fulfilled the said criteria mentioned in clause 7.2.2. The consortium had submitted their RFQ Document on 9.1.2005. The said consortium had submitted three audited accounts for the financial years ending 31.12.2001, 31.12.2002 and 31.12.2003. At this stage it may be noted that the financial year for REL ended on 31 st March whereas the financial year for HDEC, Korea ended on 31st December.

(3.)AT this stage, we may quote the relevant provisions of the PQ Document which read as under:
"Section 5.1 in the PQ document - The objective of the Pre-Qualification is to qualify the applicants that have the necessary experience and financial and technical capabilities to undertake the work for which the Request for Proposal is to be invited. Section 5.3.7 of the PQ document inter alia, provides: No change in, or supplementary information to an application shall be accepted after its submission. However, MSRDC reserves a right to seek additional information from the applicants, if found necessary during the course of evaluation of the applicants. Section 7.2.2 For Application by a Consortium In case of a Consortium, the entity declared as the Lead Member would be required to hold a minimum of 26% of paid up and subscribed equity capital in the Project Company (MSRDC is of the view that a minimum paid up and subscribed capital of Rs.5000 million may be required for implementing the project.) until completion of construction and thereafter for a period of two years from the date of commencement of operations and meet the financial eligibility criteria of Lead Member as detailed below In case of a Consortium, the following members taken together shall commit to hold majority (minimum of 51%) of the total paid up and subscribed equity capital in the Project Company until completion of construction and thereafter for a period of two years from the date of commencement of operations. Lead Member of the consortium committing to hold a minimum of 26% of the paid up and subscribed equity capital of the Project Company, until completion of construction and thereafter for a period of two years from the date of commencement of operations and meet the financial eligibility criteria of Lead Member as given below. Those members of the Consortium committing to hold a minimum of 5% of the paid up and subscribed equity capital of the Project Company until completion of construction and thereafter for a period of two years from the date of commencement of operations. The aggregate (taken as the arithmetic sum) of Net Cash Profit and Net Worth as explained above) of all subsidiary companies in which the respective entities hold a minimum of 51 % of total paid up and subscribed equity capital would also taken into consideration. In the case of financials of subsidiary companies being considered as above, the dividend paid by these subsidiary companies to the parent company will be deducted from the Net Profit of the parent company for the purpose of evaluation. The financial evaluation criteria to be satisfied by a Consortium are detailed below. Criteria To be satisfied by Amount Net worth1 (as per the latest audited balance sheet not earlier than the FY ended December 31, 2002) Lead Member (Holding a minimum of 26% equity in the project company) Total Consortium (to be satisfied together by the Lead member and those Consortium members committing to hold a minimum of 5% equity in the project company) Rs.2,000 million (or equivalent foreign currency) Rs.1 0,000 million (or equivalent foreign currency) AND Criteria To be satisfied by Amount Net cash profit2 (simple average of the audited financial figures over the last 3 financial years of 2 calendar months each, with the latest not earlier than the FY ended December 31, 2002, will be considered for this assessment). Lead Member (Holding a minimum of 26% equity in the project company) Total Consortium (to be satisfied jointly by the Lead member and those Consortium members committing to hold a minimum of 5% equity in the project company) Rs.500 million (or equivalent foreign currency) Rs.2,000 million (or equivalent foreign currency) All figures quoted in a currency other than Indian National Rupees (INR) would be converted into Indian National Rupees (INR) at an exchange rate, which is the Telegraphic Transfer (ASSESSEE- COMPANY) buying rate of State Bank of India as on the Due Date. In the event of non-availability of exchange rate for any currency from the above source, MSRDC reserves the right to use available from any other source. 7.4 Basis of Evaluation The information to be provided by the Applicant must be in conformation with the following: The information provided by the applicant should be based on the latest available audited accounting statements. The latest audited accounting state ments should not be dated earlier than 31st December, 2002. The Request for Qualification (RFQ) must be accompanied by the last three audited annual reports/accounts statements of the applicant and should include the financial statements of all subsidiary companies of the Applicant for the last three financial years. In case of a Consortium audited annual reports/account statements of each member of the Consortium for the last three financial years should be provided and should include the financial statement of all subsidiary companies of the entities forming the Consortium. The applicant (all members of Consortium) must submit information on all pending litigations or proceeding regarding liquidation, winding up, court receivership or other similar proceedings that should have been initiated or pending against the Applicant (or any member of Consortium). In addition to the above, information must also be provided of all pending litigations against the Applicant (or any member of Consortium) in which the maximum value of liability that may arise in the event of adverse judgment exceeds Rs.100 million (or equivalent foreign currency). A consistent history of litigation/arbitration awards against the applicant or any member of the consortium "
(emphasis supplied)
Briefly the criteria and conditions were as follows:

"(a) In a consortium, the entity declared as "lead member" was required to hold the minimum of 26 per cent of paid-up and subscribed equity capital in the project company until completion of construction.

(b) The aggregate of net cash profit and net worth of the consortium was to be considered for evaluation of financial criteria of the consortium.

(c) Two criteria were required to be satisfied by the lead member (REL) as also the total consortium (REL/HDEC), namely, net worth and net cash profit.

(d) Net worth is defined as total paid-up share capital + reserves - accumulated losses, revaluation of reserves and deferred revenue expenditure only to the extent of it being not written-off. Net worth was to be calculated as per the latest audited balance sheet not earlier than F.Y. ending 31st December, 2002.

(e) The leading member (REL) was required to have a net worth of Rs.200 crores and the total of Consortium (REL/HDEC) was required to have a net worth of Rs.1,000 crores. At this stage, we may clarify that this last criterion stands satisfied.

(f) As stated above, net cash profit of the lead member under the PQ document was stipulated at Rs.50 crores whereas for the Consortium it was Rs.200 crores.

(g) For the sake of convenience we quote the definition of NCP given in the PQ document which reads as follows: "NCP = PAT (profit after tax) + depreciation + amortization, not in the form of cash transaction"



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