JUDGMENT

Sujata V.Manohar, J.

(1) THE Maharashtra State Electricity Board, the c appellant in Civil No. 4893 of 1998 floated a tender dated 20-12- 1997 for design, engineering, manufacture, supply, erection and commissioning of large diameter pipes and steel tanks with all accessories and auxiliaries as prescribed in the bid documents for Units 3 and 4 of Khaperkheda Thermal Power Station, Maharashtra, each unit being of 210 d MW. The qualifying requirements of bidders as specified in the tender were, that the bidder should have designed, fabricated/manufactured, supplied, erected and successfully commissioned large diameter piping system comprising the supply of MS pipes not less than 2000 mm diameter and laid/buried for a minimum total length of 3 kms in a thermal power station and the same should be in successful operation for the past two years as reckoned on the date set for opening of the bid. Further, the bidder should have a minimum turnover of Rs 7.5 crores per annum for the last 3 consecutive years.

(2) UNDER clause 1.4 of the qualifying criteria, it was provided:

"NOTWITHSTANDING anything stated above, the owner reserves the right to asses