Samsuddin Sekh vs. The State Of West Bengal
AI Summary
The Supreme Court has dismissed a Special Leave Petition challenging the Calcutta High Court's decision to cancel a tender awarded to the petitioner. The core issue revolved around the petitioner's bid being significantly lower than the reserve value, even after negotiation, leading the High Court to direct a fresh tender. This ruling emphasizes adherence to tender process integrity.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
A public works tender had a reserve bid value of Rs. 1,42,325/-. The petitioner, Samsuddin Sekh, offered Rs. 1,25,500/-, which was less than the reserve value. He was then called for negotiation and increased his offer to Rs. 1,35,987/-, but this was still below the reserve bid. Consequently, the High Court cancelled the work order/tender in his favour and directed a fresh tender process. This High Court decision was challenged in the Supreme Court.
Timeline of Events
Public works tender initiated with a reserve bid value of Rs. 1,42,325/-.
Petitioner Samsuddin Sekh submitted an offer of Rs. 1,25,500/-.
Petitioner was called for negotiation and enhanced his offer to Rs. 1,35,987/-.
High Court at Calcutta passed judgment in MAT No. 46/2022 cancelling the work order/tender and directing fresh tenders.
Special Leave Petition (C) No. 5191/2022 was filed in the Supreme Court.
Supreme Court heard and dismissed the Special Leave Petition.
Key Factual Findings
The reserve bid value was fixed at Rs. 1,42,325/-.
Source: Recited from Lower Court Judgment
The petitioner offered Rs. 1,25,500/-.
Source: Recited from Lower Court Judgment
The petitioner alone was called for negotiation.
Source: Recited from Lower Court Judgment
Petitioner enhanced offer to Rs. 1,35,987/-.
Source: Recited from Lower Court Judgment
Both offers were lower than the reserve bid value.
Source: Current Court Finding
The work order/tender in favour of the petitioner has been cancelled by the High Court and it was directed to invite the fresh tender.
Source: Recited from Lower Court Judgment
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioner, Samsuddin Sekh, implicitly argued that the High Court erred in cancelling the work order, despite his enhanced offer after negotiation, and sought to overturn the High Court's decision.
Respondent's Arguments
While not explicitly stated, the respondents (State of West Bengal & Ors.) implicitly argued for upholding the High Court's decision, likely emphasizing the principle that a bid below the reserve price cannot be accepted and that adherence to tender rules is paramount for public contracts.
Court's Reasoning
The Supreme Court reasoned that the petitioner's highest offer, even after negotiation, remained below the fixed reserve bid value. Since the High Court cancelled the work order and directed a fresh tender on this ground, the Supreme Court found no error in the High Court's decision, thereby upholding the integrity of the tender process and public procurement norms.
- Emphasis on Procedural Fairness
- Strict Adherence to Contractual/Tender Terms
Impugned Orders
Specific Directions
- 1.The Special Leave Petition stands dismissed.
- 2.Pending application stands disposed of.
Precedential Assessment
Binding (SC)
This is a Supreme Court order, dismissing a Special Leave Petition on the merits related to a fundamental principle of tender law (reserve price), reinforcing the High Court's position. While a short order, it affirms existing legal principles.
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble M.R. Shah, Hon'ble B.V. Nagarathna
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed
Listed On:
13 Apr 2022
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
ITEM NO.7 COURT NO.12 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 5191/2022
(Arising out of impugned final judgment and order dated 01-02-2022 in MAT No. 46/2022 passed by the High Court At Calcutta)
SAMSUDDIN SEKH Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.43257/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 13-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Ranjan Mukherjee, AOR Ms. Aayushi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R
From the material placed on record, it appears that the reserve bid value was fixed at Rs. 1,42,325/-. The petitioner offered the highest rate at Rs.1,25,500/- only, which was less than the reserve bid value. However, subsequently the petitioner alone was called for negotiation and he enhanced his offer to Rs.1,35,987/-, which was also lower than the reserve bid value.
Considering the aforesaid facts and circumstances, when the work order/tender in favour of the petitioner has been cancelled by the High Court and it was directed to invite the fresh tender, it cannot be said that the High Court has committed any error.
The Special Leave Petition stands dismissed.
Pending application stands disposed of.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER Digitally signed by R Natarajan Date: 2022.04.18 11:21:45 IST Reason: Signature Not Verified