VidhiSangh

Supreme Court of India · 09/04/2019

CARETEL INFOTECH LTD. versus HINDUSTAN PETROLEUM CORPORATION LIMITED & ORS.

[2019] 6 S.C.R. 950 · 2019 INSC 490

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Summary

The Supreme Court restored HPCL’s tender award after rejecting a competing bidder’s claim that the successful bidder concealed blacklisting proceedings and submitted a doubtful ISO certificate. The required declarations concerned actual blacklisting, banning or holiday listing; a later blacklisting order did not retrospectively falsify the bid. Disputed certificate authenticity could not be resolved through a miniature trial in writ proceedings. The tender author’s considered interpretation deserved deference absent mala fides or perversity.

Issues

  1. Whether the declarations required disclosure of the earlier show-cause notice.
  2. Whether subsequent blacklisting invalidated the earlier bid.
  3. Whether disputed ISO certification justified writ interference.

Held

Result

Appeal allowed. The High Court order was set aside and the competing bidder’s writ petition dismissed. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 950.