Amr India Ltd vs Nbcc India Limited & Ors. on 25 July, 2024
24. Mr. Sandeep Sethi, learned senior counsel also relied upon the
judgement of a Co-ordinate Bench of this Court in Best Buildwell Pvt. Ltd
(supra). In this case the issue was that the petitioner therein had furnished
the Bank Solvency Certificate which was issued by the bank six months
before the date of issuance of the tender. The Court had, as a finding of fact
recorded that though the benefit of providing further documents was
extended to other bidders, yet the petitioner therein was discriminated for
no valid reason. It was in such circumstances and the finding of
discrimination meted out to the petitioner therein, that the Co-ordinate
Bench had permitted the petitioner to file a fresh Bank Solvency Certificate
whereas, in the present case the issue is in respect of furnishing a fresh
Bank Solvency Certificate in terms of the revised Estimated Cost of the
individual packages which was not furnished. As is apparent, there is no
similarity on facts between both the cases and as such would not be
applicable to the facts obtaining in the present case.