VidhiSangh

Supreme Court of India · 18/09/2023

BTL EPC LTD. versus MACAWBER BEEKAY PVT LTD AND OTHERS

[2023] 13 S.C.R. 152 · 2023 INSC 864

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored BHEL’s award of an ash-handling-plant contract to an Indian bidder using technical support from a Chinese collaborator. On the tender terms and actual agreement, this was a standalone bid with a service arrangement, rather than a bid by a consortium requiring registration of the Chinese entity. The tendering authority’s reasoned technical assessment warranted restraint in judicial review. Advanced implementation and the public project’s interests further weighed against displacing the contract.

Issues

  1. Whether the technical collaboration created a bidding consortium attracting the procurement-registration restriction.
  2. Whether the Division Bench properly displaced the tendering authority’s assessment and the Single Judge’s refusal to interfere.

Provisions considered

Held

Result

Appeals allowed without costs. Division Bench judgment set aside; Single Judge’s dismissal of the writ petition restored, sustaining the contract award. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 152.