Sanjeev Sachdeva, J.

1. Both writ petitions have been filed challenging the non-award of contract to the respective Petitioners for the Design, Manufacture, Supply, Testing, Commissioning and Training of 486 number Standard Gauge Cars Electrical Multiple Units meant for 81 trains of six cars each. The writ Petitions were taken up simultaneously. W.P. (C) NO. 1853/2013 was argued as the lead matter, thus the factual matrix has been extracted from the lead matter.

2. The factual matrix leading to the present petition is as under: The Respondent No. 1 Delhi Metro Rail Corporation sought to implement Phase-III of the Mass Rapid Transport System for Delhi and its extension, covering the corridors of Mukundpur -Rajori Garden – Dhaula Kuan – Maujpur - Gokulpuri and Janakpuri (West) – Munirka – Kalkaji – Kalindi Kunj – Botanical Garden (Noida).

3. With the objective of keeping up with the increase of traffic demand in Delhi by extending the Mass Rapid Transporting System (MRTS) the Hon’ble President of India entered into a loan agreement for the Respondent No. 1 Delhi Metro Rail Corporation with Japan International Cooperation Agency (JICA) on 29.03.2012.

4. The loan agreement