( 1 ) IN the present matter arguments were heard on 14. 7. 2005 and the judgment was reserved. Thereafter the counsel for the respondents mentioned the matter and sought liberty to file an additional affidavit. With the consent of the parties and for the reasons recorded in the order-dated 19. 7. 2005, further arguments were heard on 22. 7. 2005.

( 2 ) INDIAN Railway Catering and Tourism corporation Limited, the respondent No. 2, by way of publications made in the months of March and April 2005, invited tenders from caterers in respect of some trains mentioned therein.

( 3 ) M/s. P. K. Delicacies Pvt. Ltd, the petitioner No. 1, submitted tenders for 15 trains as per the details given below:

( 4 ) THE tender documents consist of two bids; the technical bid and the financial bid. The technical bids and the financial bids were required to be submitted in two separate sealed envelopes. Initially technical bids were required to be opened and on the tender Committee being satisfied that the bidder meets the eligibility criteria and has complied with the terms and conditions, financial bid of the said party is opened. In the present case, technical bids of the petitioner