TANGEDCO vs CSEPDI - Supreme Court Case
Tamil Nadu Generation and Distribution Corporation Ltd. [TANGEDCO] Rep. By its Chairman & Managing Director and Anr. etc. vs CSEPDI–Trishe Consortium - Supreme Court Important Judgment 2016 -
On 18th October, 2016, in the case of Tamil Nadu Generation and Distribution Corporation Ltd. [TANGEDCO] Rep. By its Chairman & Managing Director and Anr. etc. vs CSEPDI–Trishe Consortium, Rep. By its Managing Director & Anr. [Civil Appeal Nos.10182 – 10183 of 2016], wherein it was alleged that the evaluation of price bids in response to a tender floated by appellant-Corporation was ex-facie defective, as the financial Consultant appointed had loaded certain charges as a consequence of which the price had gone up, the Supreme Court observed that it cannot sit in appeal over the financial consultant’s assessment and on facts, the evaluation report in question was neither ex-facie erroneous nor could it be perceived as flawed for being perverse or absurd.
The Bench observed that “in a complex fiscal evaluation the Court has to apply the doctrine of restraint. Several aspects, clauses, contingencies, etc. have to be factored.
These calculations are best left to experts and those who have knowledge and skills in the field. The financial computation involved, the capacity and efficiency of the bidder and the perception of feasibility of completion of the project have to be left to the wisdom of the financial experts and consultants. The courts cannot really enter into the said realm in exercise of power of judicial review.”