BHASKAR BHATTACHARYA, ACJ

(1) THESE two mandamus appeals were heard together as these are preferred against the self-same order dated 6th August, 2007 passed by a learned Single Judge of this Court by which His Lordship allowed a writ application filed by the Universal Cable Ltd. , the private respondent in these appeals, by setting aside the decision of the Metro Railway authority to award contract in favour of NICCO Corporation Limited ("nicco"), the appellant, in one of these appeals with the observation that whatever amount of work had already been executed by NICCO should not be undone and it would be entitled to the payment as per its entitlement for the work done till the date of delivery of judgment. His Lordship, however, directed the Metro railway Authority to proceed to award the contract for the balance work to the next eligible tenderer or to initiate fresh process for execution of the balance work with further direction that in such a case, NICCO would not be entitled to participate in the process of fresh tender.

(2) BEING dissatisfied, both the NICCO and the Metro Railway Authority have preferred these two separate appeals.

(3) THE Universal Cable Limited, the private respondent before us in these two appeals, filed a writ application before the learned Single Judge thereby praying for the following relief:

"(a) A writ in the nature of Mandamus commanding the respondent Nos. 1 and 2 to complete the tendering process in term of the notice of tender no. ELECT/c/garia/2/r for supply erection/laying and commissioning of 33kv and 11 KV Feeder Cables from Shayam Bazar RSS to New garia TSS for power supply arrangement in Tollygunge-Garia Section and the price bids submitted by successfully awarding the work contract in favour of the consortium of the petitioners being the only eligible bidder; (b) A writ in the nature of Mandamus commanding the respondent Nos. 1 to 2 to strictly act in terms of the terms and conditions of the tender advertisement published in April, 2006 and in terms of the General condition of tender and conditions of contract of the Electrical engineering Department, Metro Railway, Calcutta; (c) A writ in the nature of Certiorari commanding the respondent authorities to transmit all records in respect of the said tendering process and upon failure to show cause and/or reasonable cause to quash the same; (d) Rule NISI in terms of prayers (a), (b) and (c) above; (e) Interim order restraining the respondent authorities from awarding the work contract and/or cancelling the tendering process without leave of this Honble Court and/or until disposal of the writ petition; (f) Ad interim prayers in terms of prayer (e) above; (g) Any other or further order or orders as to Your Lordships may deem fit and proper. "

3a. The case made out by the writ petitioner may be summed up thus:-(1) The writ petitioner entered into a consortium agreement for the purpose of making consortium bid and entering into a contract for supplying, laying, erection, testing and commissioning of 11kv and 33kv power cables in Tollygunge and Garia Section against the tender issued by the Metro Railway Authority. (2) In the month of October, 2005, the respondent No. 2, on behalf of the president of India, issued a notice of tender inviting open tender in sealed cover from the reputed licensed contractors for the work of supply of erection/laying and commissioning of 33kv and 11kv feeder cables from Shyam Bazar RSS to New Garia TSS for power supply arrangement in Tollygunge-Garia section with a period of completion of 24 months from the date of issue of letter of agreement. The total estimated value of the work was Rs. 23,15,80,178/ -.

(3) In response to the above tender notice, the writ petitioners submitted their Techno Commercial Bid and the Price Bid along with other contractors. Although, the Techno Commercial Bids of the bidders were opened, the Metro Railway Authority, for the reason best known to them, cancelled the te