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2024 Supreme(Kar) 49

M. NAGAPRASANNA
PT. Bara Daya Energi India Private Limited Rep. By its Authorised Signatory Mr. Shivalingaiah – Appellant
Versus
State Of Karnataka Department Of Energy Vidhana Soudha Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. S.Basavaraja, Senior Advocate For Sri. Kanishk Ravindran, Adv.
For the Respondent: Sri. Spoorthy Hegde, HCGP, Sri. Ajay J.Nandalike, Adv.

ORDER :

The petitioner-M/s PT Bara Daya Energi India Private Limited is before this Court calling in question a communication dated 08-12-2023 issued by the 2nd respondent/Karnataka Power Corporation Limited (‘the Corporation’ for short) conveying the reasons for holding the bid of the petitioner to be non-responsive.

2. Heard Sri S.Basavaraja, learned senior counsel appearing for the petitioner, Sri Spoorthy Hegde, learned High Court Government Pleader appearing for respondent No.1 and Sri Ajay J.Nandalike, learned counsel appearing for respondent No.2.

3. Facts adumbrated, are as follows:-

    The petitioner is a company engaged in the business of import, trade and supply of coal and is a subsidiary company of M/s PT Bara Daya Energi, Indonesia (hereinafter referred to as ‘the parent company’). The 2nd respondent/Corporation issues a notice inviting tender for import and supply of 2.50 lakh MT of coal for Yemarus Thermal Power Station of Raichur Thermal Power Corporation Limited and Bellary Thermal Power Station & Raichur Power Station of the Corporation in No.A1M1B3/Imported Coal/Sep 2023 dated 19-09-2023. The petitioner participates in the tender by submitting its bid. It is the claim

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