VidhiSangh

Supreme Court of India · 13/07/2018

HIGHWAYS AUTHORITY OF INDIA versus GWALIOR JHANSI EXPRESSWAY LIMITED

[2018] 9 S.C.R. 1024 · 2018 INSC 609

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Summary

The Supreme Court rejected a concessionaire’s claim to match the lowest tender without participating in the bidding process. The published, unchallenged tender terms expressly required participation, and the earlier arbitral order granting a right of first refusal contained no express exemption. The later interim direction and its High Court confirmation were set aside.

Issues

  1. Whether the concessionaire could exercise a right of first refusal without bidding despite the express tender conditions.

Provisions considered

Held

Result

Appeal allowed. Arbitral order dated 24 May 2017 and High Court order dated 21 August 2017 set aside; concessionaire’s section 17 application dated 25 April 2017 dismissed. No costs.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 1024.