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2022 Supreme(Kar) 425

Macawber Beekay Pvt. Ltd. – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Sri S. Sriranga, Sr. Advocate for Smt. Sumana Naganand.
For the Respondents:Sri Jayakumar S. Patil, Sr. Advocate for Sri P. Chinnappa, Sri Dhyan Chinnappa, Sr. Advocate a/w Sri Thakur Rishabha Raj, Sri Subhanka Chakraborty and Sri Saptarshi Bhattacharjee, Sri D.L.N. Rao, Sr. Advocate.

ORDER :

The petitioner-M/s.Macawber Beekay Private Limited (‘Company’ for short) is before this Court calling in question the notice inviting tender (‘NIT’ for short) and consequent issuance of letter of intent to the 3rd respondent and has sought a direction to the 2nd respondent by issuance of a writ in the nature of mandamus to award the contract to the petitioner.

2. Shorn of unnecessary details, the facts in brief that are germane for consideration of the lis, are as follows:

The petitioner/Company claims to be specialized in providing turnkey solutions with regard to Ash Handling Plant to various industries such as power, cement, aluminum, steel including thermal power station, which face severe problems in handling bulk materials within the plant. The Company also claims to provide solutions to reduce environmental pollution with conservation of energy. The 5th respondent M/s.Telangana State Power Generation Company Limited sought to setup a 4000 MW capacity thermal power station at Yadadri, Nalgunda District, Telangana and sought to award contract for design, engineering, supply, erection and commissioning to the 1st respondent/Bharat Heavy Electricals Limited (‘BHEL’ for shor

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