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1 - 10 of 14 (0.29 seconds)Article 226 in Constitution of India [Constitution]
Kalinga Commercial Corporation Ltd vs Steel Authority Of India on 2 June, 2023
16. It is further submitted by Mr. Rao that the Respondent repeatedly
W.P.(C) 3870/2023 Page 14 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
failed to calculate its net worth in accordance with the format prescribed in
"Form O" of the Bidding Document, and it is settled law that the calculation
of net worth for the purpose of a tender has to be as per the requirements of
the tender. He relies upon a decision of this Court in Kalinga Commercial
Corporation Ltd. v. Steel Authority of India, 2023 SCC OnLine Del 3548,
to submits that the calculation of net worth of an entity and the preparation
of balance sheet are two separate exercises.
Tata Cellular vs Union Of India on 26 July, 1994
25. Summing up the principles laid down in Tata Cellular (supra),
Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517, Dwarkadas
Marfatia and Sons v. Board of Trustees of the Port of Bombay, (1989) 3
SCC 293, and Central Coalfields Ltd. v. SLL-SML (Joint Venture
Consortium), (2016) 8 SCC 622, the Hon'ble Supreme Court in Afcons
Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818,
W.P.(C) 3870/2023 Page 20 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
stated:
Jagdish Mandal vs State Of Orissa & Ors on 11 December, 2006
25. Summing up the principles laid down in Tata Cellular (supra),
Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517, Dwarkadas
Marfatia and Sons v. Board of Trustees of the Port of Bombay, (1989) 3
SCC 293, and Central Coalfields Ltd. v. SLL-SML (Joint Venture
Consortium), (2016) 8 SCC 622, the Hon'ble Supreme Court in Afcons
Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818,
W.P.(C) 3870/2023 Page 20 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
stated:
Dwarkadas Marfatia & Sons vs Board Of Trustees Of The Port Of Bombay on 27 April, 1989
25. Summing up the principles laid down in Tata Cellular (supra),
Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517, Dwarkadas
Marfatia and Sons v. Board of Trustees of the Port of Bombay, (1989) 3
SCC 293, and Central Coalfields Ltd. v. SLL-SML (Joint Venture
Consortium), (2016) 8 SCC 622, the Hon'ble Supreme Court in Afcons
Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818,
W.P.(C) 3870/2023 Page 20 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
stated:
Central Coalfieds Limited vs Sll-Sml (Joint Venture Consortium) . on 17 August, 2016
25. Summing up the principles laid down in Tata Cellular (supra),
Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517, Dwarkadas
Marfatia and Sons v. Board of Trustees of the Port of Bombay, (1989) 3
SCC 293, and Central Coalfields Ltd. v. SLL-SML (Joint Venture
Consortium), (2016) 8 SCC 622, the Hon'ble Supreme Court in Afcons
Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818,
W.P.(C) 3870/2023 Page 20 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
stated:
Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr on 15 September, 2016
25. Summing up the principles laid down in Tata Cellular (supra),
Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517, Dwarkadas
Marfatia and Sons v. Board of Trustees of the Port of Bombay, (1989) 3
SCC 293, and Central Coalfields Ltd. v. SLL-SML (Joint Venture
Consortium), (2016) 8 SCC 622, the Hon'ble Supreme Court in Afcons
Infrastructure Ltd. v. Nagpur Metro Rail Corpn. Ltd., (2016) 16 SCC 818,
W.P.(C) 3870/2023 Page 20 of 25
Signature Not Verified
Digitaaly Signed
By:BHUPINDER SINGH
ROHELLA
Signing Date:26.07.2023
15:20:23
Neutral Citation Number: 2023:DHC:5183-DB
stated:
J. K. Industries Ltd. & Anr vs Union Of India & Ors on 19 November, 2007
29. The Petitioner's contention that the Auditor has prepared the audit
reports in accordance with the laws and accounting standards of Iran, and
thus the net worth of the Petitioner should be computed as per the Financial
Statement submitted by it has no merit. The manner in which net worth of a
bidder is to be calculated has been expressly provided for in "Form O" and a
bidder cannot seek a substitution of its own view in place of what has been
provided in the Bidding Document, nor does this Court have the technical
expertise to do so. Furthermore, the tendering authority is the best interpreter
of the tender document, and the manner in which the net worth of a bidder
should be calculated for a specific tender project should be left with the
tendering authority and this Court cannot interfere with the same unless it is
shown to be arbitrary, unreasonable, perverse or mala fide. Furthermore, it
has been held by the Hon'ble Supreme Court in J.K. Industries Ltd. v.
Union of India, (2007) 13 SCC 673, that the balance sheet (which is a
financial statement) of a company is not an indicator of its net worth.