VIBHU BAKHRU
TECHNO POWER ENTERPRISES PVT. LTD – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent
VIBHU BAKHRU, J
1. The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, impugning the letters of award (two in number) dated 19.06.2018 (hereafter collectively referred to as ‘the impugned letters’) issued by the Food Corporation of India (hereafter ‘FCI’) awarding the construction of Silos at Amreli, Gujarat and at Gorakhpur, Uttar Pradesh in favour of the petitioner.
2. By the impugned letters, the FCI has communicated its acceptance to the bids submitted by the petitioner for construction of Silos at Amreli and Gorakhpur on design, build, finance, own and operate (DBFOO) basis. The petitioner claims that the impugned letters are ex facie unsustainable, as the bids submitted by the petitioner were no longer valid and, therefore, incapable of being accepted by the FCI. The petitioner further claims that the bid security furnished by them by way of bank guarantees are also liable to be released.
3. The aforesaid controversy arises in the context of the following undisputed facts:-
3.1 FCI issued a Request for Proposal (RFP
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