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Madan B. Lokur, J.

1. The first appeal is that of the Central Coalfields Limited. The first respondent in the appeal is SLL–SML a Joint Venture Consortium whose bid in response to a Notice Inviting Tender issued by the Central Coalfields Limited was rejected.

2. The second appeal is by PLR-RPL-SMASL a Joint Venture whose bid was the lowest in response to the same Notice Inviting Tender issued by the Central Coalfields Limited and that bid was accepted.

12. In paragraph 11 of the GTC it was specifically mentioned that the bid security of earnest money was required to be deposited in the appropriate form and in paragraph 15.2 thereof it was specifically stated that any bid not accompanied by an acceptable bid security/earnest money deposit shall be rejected as non-responsive.

13. According to CCL it received 11 bids in response to the e-tender including that of SLL–SML a Joint Venture Consortium (for short JVC). One of the bids was apparently rejected. Nine of the bidders submitted a bank guarantee strictly in accordance with the pro forma provided in the GTC. A bank guarantee was provided by JVC - not in the prescribed pro forma but in another format in respect of some other contract provided in the GTC of which bore the heading “Governing Contractual Transportation & Loading in Areas of Central Coalfields Limited”.

57. The impugned judgment and order passed by the Division Bench of the Jharkhand High Court is accordingly set aside and these appeals are allowed.



                                              ……....………………….J
                                             (Madan B. Lokur)



                                               …..……….…………….J
New Delhi;                                    (R.K. Agrawal)
August 17, 2016





ITEM NO.1A                          COURT NO.7                       SECTION XVII
(For Judgment)
                       S U P R E M E C O U R T O F                 I N D I A
                               RECORD OF PROCEEDINGS

                      Civil Appeal        No(s).      8004/2016

CENTRAL COALFIEDS LIMITED & ANR.                                    Appellant(s)

                                                VERSUS

SLL-SML (JOINT VENTURE CONSORTIUM) & ORS.                           Respondent(s)

                                       WITH



Date : 17/08/2016                 These appeals were called on for
                                  pronouncement of judgment today.

For Appellant(s)                  Mr.   Mukul Rohatgi, Attorney General
                                  Mr.   Jagdeep Dhankhar, Sr. Adv.
                                  Mr.   Rajiv S. Roy, Adv.
                                  Mr.   Avrojyoti Chatterjee, Adv.
                                  Mr.   Abhijit Roy, Adv.
                                  Mr.   Aditya Mehrotra, Adv.
                                  Mr.   Sebat Kr. Deuria, Adv.
                                  Mr.   Pranab Kumar Mullick,Adv.

                                  Mr. Dhruv Mehta, Sr.Adv.
                                  Mr. Rajesh Kumar,Adv.

For Respondent(s)                 Mr. M. C. Dhingra,Adv.

                                  Mr. Divyam Agarwal,Adv.

                                  Mr. Kaushik Poddar,Adv.

                                  Mr. Chandra Shekhar Biswas, Adv.
                                  Mr. Deepak Sabharwal, Adv.

    Hon'ble       Mr.     Justice       Madan    B.    Lokur       pronounced   the