JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. The petitioner was the L-1 bidder in a tender floated by the respondent no.1-Authority, the Steel Authority of India (SAIL) with regard to supply of certain boiler spares and parts to the IISCO Steel Plant of the respondent no.1. Clause 2 of the Conditions of such tender stipulates that if the L-1 bidder is not an MSE (Micro and Small Enterprises) and MSE Seller(s) has/have quoted price within L- 1 + 15% (selected by Buyer) of margin of purchase preference/price band defined in relevant policy, such Seller shall be given opportunity to match the L-1 price and contract will be awarded for 25% (selected by Buyer) of total quantity.

2. It is submitted by learned counsel appearing for the petitioners that, in the present case, the petitioner was the L-1 bidder and was the successful bidder after the reverse auction. However, in pursuance of Clause 2 of the NIT (Notice Inviting Tender), the respondent no.2 was granted opportunity to quote price within 15% and, having matched the price of the petitioner, was awarded the entire work, contrary to the stipulation of 25% in Clause 2.

3. Learned counsel for the petitioner places reliance on the Proc