ORDER :

Petitioner-Company who was in the fray of public tender in question is knocking at the doors of Writ Court seeking review of the judgment rendered by a Co-ordinate Bench of this court in fifth respondent’s W.P.No.6892/2021 disposed off on 19.4.2021 inter alia on the grounds that it was not arrayed as a party to the case and the said judgment has prejudiced its interest; in support of the claim for review, the decision of the Apex Court in SHIVDEO SINGH VS STATE OF PUNJAB, AIR 1963 SC 365, is pressed into service.

2. FACTS IN BRIEF:

(a) The NMPT had called for a re-tender for the construction of breakwater, marine structure, dredging & reclamation for fishing harbour at Kulai on EPC basis pursuant to the NMPT Board Resolution No.113/2019-20 dated 25.11.2019. This tender was in e-procurement mode through CPP Portal in two cover system. Four persons including the petitioner were in the fray. The bids were opened on 23.02.2020 and petitioner & another bidder were found to be technically qualified whereas the bid of other two was rejected. However, the tender was cancelled since the rate quoted by L-1 bidder was 40% above the estimated cost of the project.

(b) The NMPT vide Board R