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2019 Supreme(Pat) 1742

RAJEEV RANJAN PRASAD
Larsen and Toubro Ltd. having its registered office at L and T House – Appellant
Versus
SJVN Thermal (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ranjit Kumar, Sr.Adv. Mr. Y.V. Giri, Sr.Adv. Mr. Ankur Saigal, Adv. Mr.Ashish Giri, Adv.
For the Respondent nos.1to3:Mr. S.B. Upadhayay, Sr.Adv. Mr.Mrigank Mauli, Adv. For the Respondent no.4: Mr. Parag P. Tripathi, Sr.Adv. Mr. P.K. Shahi, Sr.Adv. Mr. Vikas Kumar, Adv. Ms. Priya Singh, Adv. Mr. Srinivasan Ramaswamy, Adv.

CAV JUDGMENT :

Petitioner is one of the bidders.

2. This writ application is seeking to challenge the decision of the respondent no.1 to 3 (hereinafter referred to as ‘the employer’ or ‘the respondent no.1 Company’) whereby the respondent no.1 Company has extended the prescribed date and time for submission of bids as mentioned in the Invitation for Bidders (in short ‘IFB’). The application goes on to say that if the respondent no.4 could not submit its bids by prescribed time in the IFB read with clause 6.1 of the Instruction to Bidders (‘ITB’) and the time lapsed, the respondent nos.1 Company could not have extended the time and the extension is nothing but a favour shown to accommodate the respondent no.4. The legality and validity of Amendment No. ‘24’ and Amendment No. ‘25’ as contained in Annexure- ‘5’ and ‘6’ respectively to the writ application have been questioned even before opening of the technical bid.

3. Learned senior counsel for the parties have argued the matter at length and this Court acknowledges their assistance rendered to this Court.

Brief facts of the case

4. The respondent no.1 is a wholly owned subsidiary of SJVN Ltd. which in turn is a joint venture of the G

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