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2022 Supreme(SC) 1320

M. R. SHAH, B. V. NAGARATHNA
Balaji Ventures Private Limited – Appellant
Versus
Maharashtra State Power Generation Company Limited – Respondent


Advocates appeared:
Mr. Dhruv Mehta, Senior Advocate, Mr. Rameshwar Prasad Goyal, Advocate, Mr. Gagan Sanghi, Advocate, Mr. D.V. Chauhan, Advocate, Mr. Nikhil Kirtane, Advocate, For the Appellant.

ORDER

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.01.2022 passed by the High Court of Judicature at Bombay Bench at Nagpur in Writ Petition No. 5260 of 2021 and Writ Petition No. 5444 of 2021 by which the High Court has dismissed the said writ petitions preferred by the petitioner in which the petitioner -bidder challenged the Clause 1.12(V) of the tender document, the original writ petitioner has preferred the present Special Leave Petitions.

2. That the respondent herein Maharashtra State Power Generation Company Ltd. floated a tender inviting bids for transportation of raw coal against Road-cum-Rail allocation from various mines of Western Coal fields Limited to the Thermal Power Station to its Principal Power Station. That one of the tender conditions was that bidder should have permission and consent of private siding owner to operate the Vimla siding for dispatch of coal to TPS of Mahagenco and the permission/consent of Vimla private siding owner to operate the siding should be submitted along with the bid, failure of which, the bid will not be considered and the siding should be available for the entire period of the contract. The petiti

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