| Case ID |
3939dd76-fef6-4dc1-97ab-b254f5fb535b |
| Body |
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| Case Number |
C.P. No. 3136 of 2022 |
| Decision Date |
Sep 12, 2022 |
| Hearing Date |
Sep 12, 2022 |
| Decision |
The Supreme Court upheld the decision of the High Court, dismissing the appeal of ICC (PVT.) LIMITED against the encashment of its performance security. The court ruled that the petitioner was bound by the terms of its bid and consented to the extensions of the bid validity period without conditions pertaining to price increases. The ruling emphasized that once a bidder is declared successful, it must fulfill its obligations as per the bid. The court found that the procuring agency had acted within its rights under the Public Procurement Rules, and there was no legal basis for the petitioner's claims regarding price adjustments during the bid validity period. |
| Summary |
In the case of ICC (PVT.) LIMITED vs. MINISTRY OF ENERGY (POWER DIVISION), the Supreme Court of Pakistan addressed critical issues related to public procurement laws, specifically focusing on the Public Procurement Rules of 2004. The case arose from the encashment of a performance guarantee by the procuring agency after ICC (PVT.) LIMITED failed to furnish the required security within the stipulated time. The petitioner claimed that the encashment was unwarranted due to an escalation in prices, but the court found that the petitioner had consented to extensions of the bid validity period without any conditions for price adjustments. The ruling underscored the obligations of bidders under the procurement rules and reinforced that once a bid is accepted, the terms are binding. The decision serves as a significant reference for future public procurement disputes and highlights the importance of adhering to established rules and regulations in government contracts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
ICC (PVT.) LIMITED,
MINISTRY OF ENERGY
|
| Judges |
Sardar Tariq Masood,
Amin-ud-Din Khan,
Jamal Khan Mandokhail
|
| Lawyers |
|
| Petitioners |
ICC (PVT.) LIMITED
|
| Respondents |
MINISTRY OF ENERGY (POWER DIVISION) through Secretary Civil Secretariat, Islamabad and others
|
| Citations |
2023 SLD 1193,
2023 PLJ 279
|
| Other Citations |
Not available
|
| Laws Involved |
Public Procurement Rules, 2004
|
| Sections |
25,
26(3),
38,
39
|