ISOLUX- SOMA -OMAXE CONSORTIUM versus M/S. MADHUCON PROJECTS PVT. LTD. & ORS.

ISOLUX- SOMA -OMAXE CONSORTIUM versus M/S. MADHUCON PROJECTS PVT. LTD. & ORS.

Increasing the number of short-listed bidders to eight does not prejudice any party given urgency of the project and recommendations made; mere short-listing confers only consideration of financial and technical bids; issue with Section 33 need not be decided in the present appeals.

Parties
Appellant: ISOLUX-SOMA-OMAXE CONSORTIUM; Respondent: M/S. MADHUCON PROJECTS PVT. LTD. & ORS.; Respondent: National Highways Authority of India (NHAI); Respondent: GMR Infrastructure Ltd. and another
Jurisdiction
India
Judgment Date
24 March 2009
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment in Writ Petitions
Outcome
Appeals disposed of
Legal Topics
Tender Bid Evaluation, Short Listing Process, Section 33 of National Highways Authority of India Act 1986, Transparency in Tender Evaluation
Administrative Law Government Contracts Tender Bid Evaluation Short Listing Process Section 33 of National Highways Authority of India Act 1986 Transparency in Tender Evaluation

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Parties

ISOLUX-SOMA-OMAXE CONSORTIUM

Appellant

M/S. MADHUCON PROJECTS PVT. LTD. & ORS.

Respondent

National Highways Authority of India (NHAI)

Respondent

GMR Infrastructure Ltd. and another

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment in Writ Petitions

Legal Issues

  1. 1 Whether Section 33 of the National Highways Authority of India Act, 1986 can be applied to an individual tender process
  2. 2 Whether increasing the number of short-listed bidders beyond the prescribed clause is permissible

Ratio Decidendi

Increasing the number of short-listed bidders to eight does not prejudice any party given urgency of the project and recommendations made; mere short-listing confers only consideration of financial and technical bids; issue with Section 33 need not be decided in the present appeals.

Court Disposition

Appeals disposed of

Orders

  • All eight bidders are to be short-listed for the project.
  • It is for NHAI to select the best bidder.