Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-03-09 allowed

Chhattisgarh State Industrial Development Corporation Ltd and Anr vs Amar Infrastructure Ltd. and Ors

Bench: 3 — Mukul Rohatagi, Apoorv Kurup, A.C. Boxipatro

In Brief

A state industrial corporation (CSIDC) awarded an infrastructure contract to M/s. Raipur Construction Pvt. Ltd. (L-1 bidder) after two bidders qualified the pre-qualification stage. A disqualified rival bidder, M/s. Amar Infrastructure Ltd., challenged the award arguing that the qualified L-2 bidder (M/s. Arcons Infrastructure Pvt. Ltd.) lacked a mandatory Hot Mix Plant and that tender documents were manipulated. The High Court quashed the contract relying on a Cyber Crime Cell report. The Supreme Court reversed the High Court, holding that Hot Mix Plant was not a mandatory pre-qualification requirement and that the tender documents were authentic. Both qualified bidders met all mandatory criteria for opening financial bids, and substantial work completion (50%) precluded interference absent proven mala fide.

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Tender Law Public Procurement Contract Law Pre-Qualification Criteria Technical Evaluation

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