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Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr on 15 September, 2016
14. Learned Senior Advocate Mr.Mehta, has relied upon the
judgment of the Supreme Court in the case of Afcons
Infrastructure Limited Vs. Nagpur Metro Rail Corporation
Limited and Another, (2016) 16 SCC 818.
New Horizons Ltd vs Union Of India on 9 November, 1994
40. If the aforesaid details furnished by respondent No.3 are
read in juxtaposition with Clause 8.4 and Clause 9 of the Bid
Document, it is apparent that only the qualification
requirements of the bidding company are to be considered,
and the qualification/experience of a sister concern cannot be
taken into account for evaluation. The reliance placed by the
respondent No.3 - STEAG Energy Services India Pvt. Ltd. on the
judgment in New Horizons Limited (Supra) is of no avail, as
the facts of the present case are materially different, more
particularly, the Supreme Court in that case did not examine
peremptory clauses akin to the Clauses 8.4 and 9 of the
present bid document.
Tata Cellular vs Union Of India on 26 July, 1994
20. It will be apposite to refer to the landmark judgment of
the Supreme Court in case of Tata Cellular(supra), where in
the Supreme Court has succinctly summed up the scope of
judicial review as under:
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