In Brief
Maha Mineral Mining & Benefication Pvt. Ltd challenged rejection of its tender bid for coal beneficiation work. The tender authority rejected the bid for non-submission of a Joint Venture Agreement (JVA), claiming it was required under Clause 5(D) of the Notice Inviting Tender. The Supreme Court held that the tender clause did not mandate production of the JVA itself; a work execution certificate clearly establishing the bidder's 45% share in the consortium was sufficient. The Court ruled that tender conditions must be clear and unambiguous, and that the authority cannot impose unstated requirements. The matter was remanded to assess whether the appellant had the requisite spare washing capacity under Clause 5(B), which the High Court improperly decided without hearing the appellant.
The lawyer headnote and full judgment text are available to registered users.