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2023 Supreme(Cal) 162

MOUSHUMI BHATTACHARYA
BLA Projects Private Limited – Appellant
Versus
Damodar Valley Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kishore Datta, Sr. Adv. Mr. Amitesh P. Ray, Adv. Mr. Barnik Ghosh, Adv.
For the Respondent: Mr. Shaunak Ghosh, Adv. Ms. Purabi Saha (Das), Adv., Mr. Anirban Ray, Adv. Mr. Swarajit Dey, Adv. Ms. Riddhi Jain, Adv., Ms. Purabi Saha (Das), Adv.

JUDGMENT :

Moushumi Bhattacharya, J.

1. The facts in both the writ petitions are identical and the dispute is between the same parties. The contentions of learned counsel are admittedly the same in both the cases. Both the writ petitions are hence being disposed of by this judgment.

2. The petitioner is aggrieved by the rejection of the petitioner’s technical bid in a tender floated by the respondent Damodar Valley Corporation (DVC) for empanelment of transportation agencies for evacuation of ash from the ash ponds of DVC and disposal of the same in abandoned open cast mines. The petitioner’s technical bid was rejected on 15.11.2022 on “Administrative Ground”. The petitioner sought for the reasons of rejection by a letter dated 16.11.2022. The reply of the respondent dated 24.11.2022 is part of the supplementary affidavit filed by the petitioner. The reasons furnished relate to the alleged pilferage of DVC’s transported good quality coal and registration of an FIR by DVC on 9.6.2018 in relation to the alleged fraudulent practice.

3. One of the other reasons stated in this letter is the petitioner’s transgression of section 3 of the Integrity Pact which was treated as a part of the tend

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