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may 2007

Supreme Court of India · 2007-05-18

Caterpillar India Pvt. Ltd vs Western Coal Fields Ltd. and Ors

Citation / case number
SC 2004/61183
Court
Supreme Court of India
Petitioner
Caterpillar India Pvt. Ltd
Respondent
Western Coal Fields Ltd. and Ors
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the legality of the purchase preference policy for Public Sector Enterprises (PSEs) as outlined in various office memoranda, particularly challenging the substitution of 'may' with 'will' in the policy language. The Court held that this change was arbitrary and could potentially create a monopoly, thus affecting the legitimate expectations of private tenderers. The Court ruled that the policy must ensure a level playing field for all bidders and emphasized the need for transparency and fairness in public procurement processes.

Caterpillar India Pvt. Ltd vs Western Coal Fields Ltd. and Ors · Niyam