VidhiSangh

Supreme Court of India · 31/01/2022

M/S AGMATEL INDIA PVT. LTD. versus M/S RESOURSYS TELECOM & ORS.

[2022] 18 S.C.R. 861 · 2022 INSC 126

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Summary

NVS rejected a tablet-supply bid because past smartphone supplies did not satisfy its experience requirement for the same or similar category of products. The Court held that this interpretation was reasonably supported by product classifications and the procurement’s purpose. The High Court could not substitute its own technical comparison or apply contra proferentem to favour the bidder. Both appeals were allowed and the writ petition dismissed.

Issues

  1. Whether NVS’s exclusion of smartphone supplies from the past-performance requirement justified judicial interference.
  2. Whether contra proferentem required construing eligibility conditions in favour of the challenging bidder.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and writ petition dismissed with no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 861.