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2011 Supreme(Del) 207

SANJAY KISHAN KAUL, RAJIV SHAKDHER
ANSALDO CALDAIE BOILERS INDIA PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr.Harish Salve and Mr.Maninder Singh, Sr.Advocates with Mr.Rajiv Bansal, Mr.Prashant Kumar and Mr.Anurag Sharma, Advocates.
For the respondents:Mr.B.V.Niren, Advocate for R-1/UOI Mr.A.S.Chandhiok, ASG with Ms.Bindu Saxena and Mr.Shailendra Swarup, Ms.Aparajita Swarup and Ms.Neha Khattar, Advocates for R-2/NTPC

JUDGMENT

RAJIV SHAKDHER, J

1. The writ petitioner has approached this court under Article 226 of the Constitution of India to remedy its grievance qua respondent No.2 i.e., NTPC Ltd. (hereinafter referred to as NTPC). The grievance of the petitioner in short is its exclusion from the tendering process initiated by NTPC. The writ petitioner amongst others had tendered its bid in response to a tender floated by NTPC. By virtue of the said tender, NTPC sought bids with respect to Steam Generators package (in short ‘steam generators’). NTPC by virtue of the said tender sought offers in respect of 11 units of steam generators of 660 MW in respect of its projects at Mouda, STTP, Stage-II, Solapur STP, Nabinagar STPP, Meja TPP and Raghunathpur TPP Phase-II. Insofar as Nabinagar STTP and Meja TPP were concerned, these were projects which NTPC had routed through a joint venture, while Raghunathpur TPP Phase-II is a project of Damodar Valley Corporation Ltd.

2. The tender was issued on 23.06.2010. The bid documents in terms of tender were put on sale between 28.06.2010 to 30.07.2010. As is normally the case in such like tenders, sealed bids were invited by NTPC in two stages. At Stage-I, tec

































































































































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