Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr on 15 September, 2016
8. Pursuant to the decision of the committee, the JEPC published the
corrigendum on 25.07.2022 redressing the dominant grievance of the petitioners
(Annexure-C). It is the case of the Respondents that such terms and conditions
4.
have been incorporated and further clarified through the corrigendum to fetch
potential contractors having sufficient credentials for the execution of the
similar nature of work. In this background, Respondents have contended that
the grievance of the petitioner have been duly considered, acted upon and
remedied. However, it is within the domain of the employer to incorporate the
condition relating to both flexographic printing machine and Web Offset
machine which would increase the number of bidders as well as supports the
Respondents in choosing and deciding the bidder with a better rate. Learned
counsel for the Respondents has also relied upon the decision of the Apex Court
in the case of Afcons Infrastructure Limited versus Nagpur Metro Rail
Corporation Limited and Another [(2016) 6 SCC 818, Para-13] and in the
case of Silppi Constructions Contractors versus Union of India and others
[2019 SCC OnLine 1133, para-19 & 20].