1. Heading of the Judgment

Maha Mineral Mining & Benefication Pvt. Ltd. vs. Madhya Pradesh Power Generating Co. Ltd. & Anr.
Citation: 2025 INSC 1085
Court: Supreme Court of India
Bench: Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice Joymalya Bagchi
Date of Judgment: September 09, 2025

2. Related Laws, Rules, and Clauses

The judgment revolves entirely around the interpretation of specific clauses in a Notice Inviting Tender (NIT) issued by the respondent. The key clauses analyzed are:

• Clause 5(D) - "Past Experience": This clause allowed bidders to use the past experience of a previous consortium or Joint Venture (JV). It specified that the experience would be considered proportionate to the bidder's share if defined in the Consortium Agreement; otherwise, it would be attributed to the lead partner. It mandated the submission of a work execution certificate from the customer and, if applicable, a satisfactory performance certificate from MPPGCL.

• Clause 8.1 - "Instructions regarding shortfall documents": This was a critical clause that strictly prohibited bidders from submitting any documents after the bid submission deadline. It stated that bids with incomplete documents "shall be rejected" and that no "shortfall window" would be created.

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