Mumbai: Larsen & Toubro (L&T) approached the Supreme Court on Wednesday, challenging the Bombay High Court’s refusal to stay the opening of financial bids for two projects — the Thane-Ghodbunder to Bhayandar tunnel and the elevated road project.
The High Court, on Tuesday, had dismissed L&T’s petitions challenging the Mumbai Metropolitan Region Development Authority (MMRDA)’s decision not to inform the company of the status of its bids.
On Wednesday, the plea was listed for hearing before a bench headed by Justice J.B. Pardiwala. However, Solicitor General Tushar Mehta, representing the state government and the MMRDA, sought an adjournment citing commitments related to the ongoing Waqf issue.
A vacation bench of the High Court had dismissed the petitions, observing that it is a “mega-infrastructure project of significant public importance.” The court refused to stay the opening of the financial bids.
However, it directed that the price bids for the elevated road tender be preserved in a sealed cover for a week after the award of the contract, in accordance with tender norms. In contrast, the court declined to extend similar protection to the price bids for the Thane tunnel project.
L&T had submitted its technical and financial bids on December 30, 2024. The technical bids were opened on January 1, 2025, but the company claimed it received no communication thereafter, prompting it to move court.
The company alleged that the MMRDA’s silence violated principles of fairness and transparency. However, the court held that L&T had failed to mention or address key clauses in the tender that barred disclosure of bid evaluations until the award of the contract.
However, MMRDA has contended that the tender condition explicitly stated that only responsive bidders would be intimated. Since L&T’s bid was found to be non-responsive, the agency was under no obligation to communicate with the company.
