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Supreme Court of India 2019-01-23 dismissed

VIDARBHA IRRIGATION DEVELOPMENT CORPORATION vs M/S ANOJ KUMAR AGARWALA

Bench: 2 — Rohinton Fali Nariman, Navin Sinha

In Brief

A state corporation invited bids for canal construction work. The lowest bidder submitted a bank guarantee valid for only 6 months, when the tender required 40 months. The bidder later tried to extend it. The corporation and High Court accepted this correction. The Supreme Court held that essential tender conditions must be strictly followed and cannot be condoned after submission. A materially deficient bid—one that deviates from mandatory specifications—cannot be corrected post-submission. The court set aside the High Court judgment and ordered the second-lowest bidder to perform the work at the lowest bidder's quoted rate.

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