VidhiSangh

Supreme Court of India · 21/06/2019

SILPPI CONSTRUCTIONS CONTRACTORS versus UNION OF INDIA AND ANR. ETC. ETC.

[2019] 10 S.C.R. 932 · 2019 INSC 696

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Summary

Rejection of the firm’s technical bids was sustained under the tender’s related-firm and SS-class eligibility requirements. The authorities could consider unchallenged adverse workload remarks against its sister company, whose directors were the firm’s partners. The firm also failed the incorporated-company requirement applicable through SS-class criteria. Although the Court rejected an inflexible joinder rule and accepted that the firm could contest adverse material concerning its sister company, no interference with the rejection was warranted.

Issues

  1. What judicial-review limits applied to the technical-bid rejection.
  2. Whether all other bidders had to be joined and whether the firm could dispute adverse material concerning its sister company.
  3. Whether related-firm remarks and SS-class eligibility justified rejection.

Provisions considered

Held

Result

Special leave petitions dismissed, giving reasons for the dismissal ordered on 21 June 2019. Pending applications, if any, also dismissed.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 932.