BADAR DURREZ AHMED, J (ORAL)

1. This writ petition pertains to the notice inviting on-line bids dated 09.02.2016 issued by the NTPC Limited (the respondent herein) for Ash Dyke Package for Mouda Super Thermal Power Project, Stage-II (2 x 660 MW) located at Mouda in Nagpur district, State of Maharashtra, India. The petitioner participated in the said bidding process and submitted its on-line bid on 22.03.2016. The petitioner is aggrieved by the letter dated 31.03.2016 which it received from the respondent on 07.04.2016 whereby the bid security offered by the petitioner in the form of the bank guarantee dated 18.03.2016 for the value of Rs. 1,42,94,000/- issued by State Bank of India, Nagpur, was returned on the ground that the bid security was not as per the bidding document.

2. It is an admitted position that the bank guarantee which was submitted by the petitioner was not in the exact format as prescribed under bidding documents. The bank guarantee as submitted by the petitioner along with its bid contained an additional clause which was to the following effect:-

“Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this