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Web Exclusive | October 2016

SC upholds NTPC's decision to reject Montecarlo coal mine bid

The Supreme Court has upheld a Delhi High Court verdict validating state-run NTPC Ltd's decision to reject techno-commercial bid of private firm Montecarlo for development and operation of Dulanga coal mining project. "Technical evaluation or comparison by the court would be impermissible. The principle that is applied to scan and understand an ordinary instrument relatable to contract in other spheres has to be treated differently than interpreting and appreciating tender documents relating to technical works and projects requiring special skills," a bench headed by Justice Dipak Misra said. Rejecting Montecarlo's appeal against the high court judgement, the bench, also comprising Justice UU Lalit, said that tenders, dealing with auction of "public largesse", are on different footing and "bidder's expertise and technical capability and capacity must be assessed by the experts".
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