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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].
Supreme Court of India Cites 8 - Cited by 560 - M B Lokur - Full Document

The Silppi Constructions Contractors vs Union Of India on 21 June, 2019

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].
Supreme Court of India Cites 15 - Cited by 312 - D Gupta - Full Document

Uflex Ltd. vs The Government Of Tamil Nadu on 17 September, 2021

Learned counsel for the Respondents have also relied upon the latest decision of the Apex Court rendered in the case of Uflex Limited versus Government of Tamil Nadu and other [(2022) 1 SCC 165] which reiterated the legal position regarding the scope of interference in the matter of tender condition prescribing technical qualification under writ jurisdiction
Supreme Court of India Cites 21 - Cited by 112 - S K Kaul - Full Document
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