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2023 Supreme(Bom) 72

A. S. CHANDURKAR, ANIL L. PANSARE
Reutech Mining, A Division of Reutech Pty. Ltd. Through M/s K. K. Alliance India Private Limited – Appellant
Versus
Union of India, Through its Secretary, Ministry of Coal A Wing, Dr. Rajendra Prasad Road, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Vineet Kothari, Senior Advocate with Shri Mehul Kothari and Shri M.A. Vishwarupe
For the Respondent:Shri N.S. Deshpande, Deputy Solicitor General of India with Shri S.A. Chaudhari, Shri A.S. Jaiswal, Senior Advocate with Shri N.G. Moharir and Shri G.E. Moharir

JUDGMENT :

A.S. CHANDURKAR, J.

Cancellation of the tender process initiated by the Western Coalfields Limited has been challenged by two successful bidders. That challenge is being considered together and the writ petitions preferred by them seeking issuance of purchase orders are being decided by this common judgment.

RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The facts giving rise to the present proceedings are that on 17.11.2021, Western Coalfields Limited (for short, ‘WCL’) published a notice of Global Tender Enquiry for the Supply, Installation and Commissioning of Mine Slope Stability Monitoring Radar System with one year warranty and seven years Comprehensive Annual Maintenance Contract (CAMC). The petitioner in Writ Petition No. 6566 of 2022 – M/s Reutech Mining and the petitioner in Writ Petition No.8247 of 2022 – Sujyoti India alongwith M/s Hexagon Geosystems responded to the aforesaid Global Tender Enquiry. In terms of the tender notice each bidder was entered into a Pre-Contract Integrity Pact with the WCL. The technical bids submitted by the aforesaid three bidders were opened on 18.01.2022. On evaluation of the said technical bi

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