JUDGMENT:

S.B. SINHA, J :

Leave granted.

A notice inviting tender was issued by the Maharashtra State Electricity Board, now known as Maharashtra State Power General Co. Ltd. (for short, MAHAGENCO), inter alia, for coal liaisoning, quality and quantity supervision for its Thermal Power Station on 03.03.2005. Indisputably, coal is used as a primary fuel for generation of electrical energy in the power stations belonging to MAHAGENCO wherefor coal is procured from various coal mines belonging to Government Companies including Western Coalfields Ltd., South Eastern Coalfields Ltd., Mahanadi Coal Ltd. and Singareni Collieries Ltd. Pursuant to and in furtherance of the said notice inviting tender, Appellant herein as also Respondent Nos. 1, 4 and 5 submitted their tenders. Tender of Appellant herein was accepted by MAHAGENCO. Estimated amount of contract as per MSPGCL was Rs.4842.25 per M.T. The rates quoted by the respective parties are as under :

"

Sl.PARTICULARS ESTIMATED ORDER% OF AMOUNT WITH

AMOUNT/PER YEARRESPECT TO MSPGCL

ESTIMATION

1. M/s BSN Joshi & Sons Ltd.Rs.1287.6426.59%

2. M/s Nair Coal Services Ltd.Rs.6459.77133.42%

3. M/s Karam Chand Thapar & Rs.6510.70134.47%

B