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1 - 3 of 3 (0.35 seconds)West Bengal State Electricity Board vs Patel Engineering Co. Ltd. & Ors on 15 January, 2001
The importance of a price, in a contract running
into hundreds of crores, cannot be over emphasised. Invariably,
anything touching upon the price is a fundamental part of a bid
document. It is impermissible in law to make such a non-responsive
bid as responsive by withdrawing the condition after opening of the
bid documents. See W.B.State Electricity Board Vs. Patel
Engineering Company, 2001 (2) SCC 451. In our opinion, once
the petitioner's bid is non-responsive in view of what is discussed
above, the writ petition is liable to be thrown out by this court on this
ground alone as there does not arise any question of the petitioner
seeking the relief in such circumstances of it being called for
negotiations for award of the contract to it. A non-responsive bid
cannot be made responsive by seeking to withdraw the condition after
opening of the bid documents. Even assuming that bid documents of
other bidders are non-responsive (as alleged to be so of respondent
No.4) and the petitioner in view of such non-responsive bids seeks to
W.P.(C) No. 3231/2010 Page 9 of 32
make his bid documents comparative/competitive, the same is
impermissible in law. A non-responsive bid of another bidder will
make such other bidders' bid non-responsive and liable to rejection,
but, the same cannot give a valid legal basis to the petitioner to argue
that it is entitled to withdraw the FERV condition so as to make its
non-responsive bid as responsive.
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In fact the Supreme
Court now in the case of Salem Advocate Bar Association Vs.
Union of India (2005) 6 SCC 344 in para 37 has said that it is high
time that actual costs must be awarded. We find the present case to
be a fit case for award of actual costs to the respondents. We,
therefore, in terms of the bill of costs filed award a sum of Rs.
1,07,000/- in favour of the respondents 1 to 3 and against the
petitioner. We also award a sum of Rs.5,63,735/- in favour of
respondent No.4 and against the petitioner. Costs shall be paid within a
period of two weeks.
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