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2023 Supreme(Kar) 191

M. NAGAPRASANNA
Kanchan India Limited – Appellant
Versus
Karnataka Power Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI SHASHIKIRAN SHETTY K., SR.ADVOCATE A/W SRI MANU KULKARNI, ADVOCATE
For the Respondent:SRI PRAMOD NAIR, SR.ADVOCATE A/W SRI PRADYUMNA L.N., ADVOCATE FOR C/RESPONDENT)

ORDER :

First petitioner is Kanchan India Limited and the 2nd petitioner is Emta Coal Limited. Both these companies are incorporated under the Companies Act, 2013. The respondent is the Karnataka Power Corporation Limited (‘the Corporation’ for short). The petitioners are knocking at the doors of this Court in the subject writ petition calling in question notification communicated by electronic mail dated 04-11-2022, by which the Corporation recalls the tender notified on 02-12-2020 and have sought a writ in the nature of mandamus directing restoration of tender in favour of the petitioners.

2. Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:-

The Corporation issued a notice inviting tender for Selection of a Mine Operator for development and operation of Mandakini-A coal block and supply of 7.5 million tonnes per annum of coal for a period of 15 years, which could be extended for a term of 10 years on mutually agreeable terms and conditions. After the notice inviting tender, both the petitioners enter into a consortium agreement forming the consortium by name EMTA-KIL (hereinafter referred to as ‘the consort

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