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2020 Supreme(Chh) 354

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Shanti Enggicon Private Limited – Appellant
Versus
Ntpc Limited – Respondent


Advocates Appeared:
Shri Vikram Sharma, Advocate, for the Appellant; Shri B.D.Guru, Advocate, for the Respondent

JUDGMENT

P.R. Ramachandra Menon, CJ. - The arbitrary action on the part of the Respondents threatening and forcing the Petitioner vide Annexure P/8 dated 09.01.2020 to withdraw the bid, despite rating the Petitioner as L-1, with an attempt to forfeit the Earnest Money Deposit ( for short ''the EMD'' ) and to blacklist the Petitioner from participating in future Tenders for not having separately mentioned the GST rate in the tender, however taking a differential treatment in the case of the remaining three bidders and to have it awarded to the party of their choice, is put to challenge in this writ petition.

2. Annexure P/2 Notice Inviting Tender (for short ''the NIT'') was issued by the 2 nd Respondent on 09.09.2019 for Talaipalli Coal Mining Project situated in the Raigarh District of the State of Chhattisgarh, which is under the control of the 3rd Respondent. The tender was floated for construction of the road for Coal Evacuation ( Section B ) and road for Township approach for Talaipalli Coal Mining Project ( Section C ). The purpose of construction of the above two roads was quite different insofar as Section B road was to be used for coal evacuation which will be located outsid

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