Judgment :-

S.B. Sinha, J.

1. This contempt proceeding has been initiated against respondent Nos.1 and 2 for alleged wilful disobedience of this Courts order dated 31.10.2006, the operative portion whereof reads as under:

"...We, therefore, intend to give another opportunity to MAHAGENCO. It shall consider the offer of Appellant upon consideration of the matter afresh, as to whether it even now fulfils the essential tender conditions. If it satisfies the terms of the tender conditions, the contract may be awarded in its favour for a period of one year; but such contract shall take effect after one month from the date of the said agreement so as to enable the private Respondents herein to wind up their business. This order is being passed in the interest of MAHAGENCO as also the private Respondents herein."

2. The Maharashtra State Power Generation Co. Ltd. (for short "MAHAGENCO") issued a notice inviting tender, inter alia, for coal liaisoning, quality and quantity supervision of its thermal power station. One of the conditions laid down therefor is as under:

"(ii) The Bidder should have executed the work of total minimum quantity of 5 (Five) Million Metric Tons per year for precedi