VIBHU BAKHRU, J.

Introduction

1. The petitioner has filed the present petition, inter alia, impugning the letters dated 13.05.2010, 24.05.2010 and 20.07.2010 sent by respondent no.1 (hereafter “NHAI”) holding that the petitioner’s bid was unresponsive and further calling upon the petitioner to pay 5% of the bid security, furnished by the petitioner. NHAI has further threatened that it would invoke the bank guarantees furnished along with the bid as security, if the said demand of penalty is not satisfied. The petitioner further prays that directions be issued to NHAI restraining it from invoking the bank guarantees submitted by the petitioner along with its bid.

2. The petitioner’s bid had been considered as unresponsive as it was not accompanied by a Power of Attorney (PoA) in favour of the persons signing the bid. The petitioner submits that it had submitted a copy of a Board Resolution, passed at a meeting held on 31.10.2009, indicating that the person signing the bid was duly authorised and, thus, there was no requirement for furnishing any additional PoA in the signatory’s favour. The petitioner contends that the decision of the NHAI holding that the petitioner’s bid was u