JUDGMENT :

N.B. Suryawanshi, J.

1. This petition challenges the order/communication dated 16/06/2017 passed by the respondent - Western Coalfields Limited, thereby debarring the petitioners and their directors and partners, individually, jointly and severally from participation in future tenders of the respondent for a period of 12 months and forfeiting Earnest Money Deposit (EMD) of Rs. 50,00,000/- being arbitrary, mala fide, disproportionate, discriminatory and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India.

2. The case of the petitioners, in short, is that:-

The respondent, on 13/10/2016, floated e-Tender Notice No. 16/2016-17, for removal of all types of material in all stratas and evacuation of coal from quarry face and transportation to coal stock yard at surface at 'Kolarpimpri Extension OCM of Wani North area'. 04/11/2016 was the last date for submitting the bid. As per clause 13 of the tender conditions, the bid validity period was stipulated to be 120 days from the date of submission of the bid. The petitioner No. 3 submitted its bid on 04/11/2016. By communication dated 07/11/2016, the petitioner No. 3 confirmed its price proposal. As the petition