VidhiSangh

Supreme Court of India · 09/09/2025

MAHA MINERAL MINING & BENEFICATION PVT. LTD. versus MADHYA PRADESH POWER GENERATING CO. LTD. & ANR.

[2025] 9 S.C.R. 528 · 2025 INSC 1085

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Summary

A bidder relying on the past experience of a previous joint venture was wrongly disqualified for not filing the JV agreement, because Clause 5(D) of the NIT did not expressly require it and the work execution certificate it did file stated its 45% share. The Supreme Court set aside the disqualification but, finding that the High Court had impermissibly gone beyond the Tender Committee's reasons to hold the bidder disqualified under Clause 5(B) (spare washery capacity) on a point raised only in written submissions, remanded that question to the High Court.

Issues

  1. Whether Clause 5(D) of the NIT, which allows a bidder to use the past experience of a previous consortium or JV proportionate to its share, impliedly mandated submission of the JV agreement itself, so that non-submission justified rejection of the technical bid as incomplete under Clause 8.1.
  2. Whether the tendering authority, instead of rejecting the bid, could and should have sought clarification or additional documents under Clause 8.8 of the NIT regarding the bidder's proportionate share disclosed in the work execution certificate.
  3. Whether the appellant acted mala fide or with unclean hands by not filing the JV agreement and later producing it.
  4. Whether the High Court could disqualify the appellant under Clause 5(B) of the NIT (own washery with spare capacity) on a ground not adverted to by the Tender Evaluation Committee and raised for the first time in the successful bidder's written submissions.

Held

Result

Appeal partly allowed; High Court judgment dated 06.01.2025 set aside; rejection of the appellant's bid under Clause 5(D) of the NIT set aside; matter remanded to the High Court to decide afresh, preferably within two months, whether the appellant had the requisite spare washing capacity under Clause 5(B) and the validity of the work order in favour of the second respondent in light of that decision.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 528.