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Civil · Reportable judgment

M/s ABCI Infrastructures Pvt. Ltd. vs Union of India and Others

Court
Supreme Court of India
Date
14 February 2025
Case No.
Civil Appeal No. 2546 of 2025
Result
Allowed
Bench
Sanjiv Khanna, Sanjay Kumar, K.V. Viswanathan
Citation
[2025] 3 S.C.R. 128 : 2025 INSC 215
Acts & Sections
Contract Act
Supreme Court Reports [2025] 3 S.C.R. 128 : 2025 INSC 215
Issue for consideration
Whether BRO-Border Road Organisation was justified in accepting the bid of Rs.1,569/-, and on the failure of the appellant-L1 bidder to execute the agreement asking for forfeiture vide encashment of bank guarantee of Rs.15,04,64,000/-.
Headnote

Contract Act, 1872 – s.20 – Mistake of fact – Tender dispute – Forfeiture of bank guarantee/bid security on default – Respondent no.2- Border Road Organisation invited bids for the construction of tunnels and appellant ranked as L-1 bidder – When financial bids opened, the appellants discovered their mistake that instead of appellant’s bid price of Rs.1569 Crores, the quoted amount appeared to be just Rs.1569/- – Next day, the appellant informed the authorities regarding the mistake but respondent no.2 called upon the appellant to justify the quoted amount of Rs.1569/- – Respondent no.2, stating that the appellant had been declared a defaulter, and their bid security was to be forfeited, asked the appellant’s bank to encash the bank guarantee and remit Rs.15,04,64,000 to respondent no.2 – Writ petition by the appellant – Dismissed by the High Court – Correctness:

Held: As per explanation to s.20, an erroneous opinion as to the value of the thing which forms the subject matter of an agreement is not deemed to be a mistake as a matter of fact – Instant case does not fall under any exception to the general principle on a person seeking relief in equity on account of mistake, for the error or mistake in quoting a price of Rs.1,569/- is self-evident – Contract for an estimated value of more than Rs.1,500 crores requiring construction of roads and tunnels in a hilly terrain can never be executed for a mere Rs.1,569/- – Appellant was at fault and had made the mistake, of having failed to add the required zeros in the financial bid – Plea of a system glitch cannot be accepted, as others had successfully uploaded their bids without problem – Claim of BRO that delay was entirely due to the appellant’s mistake is flawed, ignoring its own lapses – Mistakes, including by authorities, to be resolved through corrective steps – Practical approach could have avoided the delay, which was caused by BRO’s refusal to acknowledge appellant’s genuine error and unwarranted cancellation of the bid – Alleged two-month delay by appellant is incorrect – Appellant promptly acknowledged the mistake – Appellant directed to pay Rs.1 crore to BRO, as a consequence of their error – Upon receiving this payment, BRO to return the appellant’s original bank guarantee or demand draft of Rs.15.04 crores – Impugned judgment set aside. [Paras 5, 10, 13-17]

Keywords: Tenders · Mistake of fact · Delay · Online technical and financial bids · Bank guarantee · System error · Typographical mistake · Patent error · Forfeiture of bid security · Bid specifications · Relief in equity · Defaulter of bid · Cancellation of bid

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjiv Khanna, CJI Leave granted. 2. This is an avoidable litigation. No doubt, there was a mistake on the part of the Appellant – M/s ABCI Infrastructure Private Limited, albeit, instead of taking a pragmatic approach, Respondent No. 2 - Border Road Organisation1 under the Ministry of Defence, Union of India, adopted an obdurate and overly legalistic stance, causing a delay in the project’s execution. 3. We begin by briefly discussing the facts of the case: On 23.02.2023, BRO invited bids for the design and construction of two-lane twin tunnels, approximately 4.1 kilometres long
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