SPS CONSTRUCTION INDIA PRIVATE LIMITED vs UNION OF INDIA AND 2 ORS. Advocate - DY.S.G.I., ,MS M KAKOTY,R SARMAH,MR. K GOGOI — WA/79/2026

Case under Gauhati High Court Rules Section CHAPTER VA, RULE 2(2). Disposed: Contested--Dismissed on 01st April 2026.

Case disposed

CNR: GAHC010057962026

e-Filing Number

17-03-2026

Filing Number

WA/3264/2026

Filing Date

17-Mar-2026

Registration No

WA/79/2026

Registration Date

19-Mar-2026

Judge

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Coram

Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

Bench Type

Division Bench

Category

10237 - Writ Appeals under the Gauhati High Court Rules. ( 204 )

Judicial Branch

Civil Section

Decision Date

01-Apr-2026

Nature of Disposal

Contested--Dismissed

Last updated 01-May-2026

Acts & Sections

Gauhati High Court Rules Section CHAPTER VA, RULE 2(2)

Petitioner(s)

  1. 1.SPS CONSTRUCTION INDIA PRIVATE LIMITED

    Adv. MR. M P SARMA,MR A CHAKRABORTY,MR A CHAKRABORTY, ,MS S SARMA HAZARIKA,MS H.K. SUMI,MR A CHAKRABORTY

Respondent(s)

  1. 1.UNION OF INDIA AND 2 ORS. Advocate - DY.S.G.I., ,MS M KAKOTY,R SARMAH,MR. K GOGOI

  2. 2.NORTHEAST FRONTIER RAILWAY

  3. 3.LARSEN AND TOUBRO LIMITED

Case History

  1. Case disposedDisposed

  2. 01-Apr-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

    Summary: The Gauhati High Court upheld the validity of an eligibility clause in a railway bridge tender requiring bidders to have no history of structural collapse attributable to design or quality failure in the past three years. The court rejected SPS Construction's challenge, holding that the clause is not vague or arbitrary but a legitimate risk mitigation measure, and that the absence of prior judicial adjudication does not render it unworkable—bidders must disclose collapse incidents and explain they weren't caused by design/quality failures. The court dismissed the appeal, affirming that tender authorities have wide discretion in setting eligibility criteria, and this condition applies only to the specific tender, not constituting blacklisting. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 01-Apr-2026

    - For Fresh Admission With Stay/Bail -

    Honourable The Chief Justice , Honourable Mr. Justice Arun Dev Choudhury

  4. 31-Mar-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  5. 31-Mar-2026

    First hearing

    Initial hearing scheduled

  6. 27-Mar-2026

    Honourable The Chief Justice,honourable Mr. Justice Arun Dev ChoudhuryView PDF

  7. 17-Mar-2026

    Case filed

    Registration No. WA/79/2026

casestatus.in Summary

Summary: The Gauhati High Court upheld the validity of an eligibility clause in a railway bridge tender requiring bidders to have no history of structural collapse attributable to design or quality failure in the past three years. The court rejected SPS Construction's challenge, holding that the clause is not vague or arbitrary but a legitimate risk mitigation measure, and that the absence of prior judicial adjudication does not render it unworkable—bidders must disclose collapse incidents and explain they weren't caused by design/quality failures. The court dismissed the appeal, affirming that tender authorities have wide discretion in setting eligibility criteria, and this condition applies only to the specific tender, not constituting blacklisting. This case analysis is maintained by casestatus.in based on publicly available court records.

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