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Supreme Court of India 2019-04-09 allowed

CARETEL INFOTECH LTD vs HINDUSTAN PETROLEUM CORPORATION LIMITED

Bench: 3 — S.A. Bobde, Sanjay Kishan Kaul, Indira Banerjee

In Brief

Caretel Infotech, the successful bidder for a Hindustan Petroleum call centre tender, was challenged by the competing bidder after Caretel received a show cause notice for alleged false information in an unrelated tender. The High Court cancelled the contract, holding that Caretel failed to disclose the notice and questioning its ISO certificates. The Supreme Court allowed Caretel's appeal, holding that a show cause notice does not constitute 'initiated blacklisting action' under the tender terms, and that tender format restrictions govern disclosure obligations. The court emphasized that courts must defer to tender authorities' interpretations and exercise restraint in interfering with tender awards through writ proceedings.

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Public Procurement Tender Blacklisting Contractual Interpretation Administrative Law Writ Jurisdiction

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