JUDGMENT :

VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to seek quashing of the communication dated 31.08.2021 issued by the respondent. The petitioner also seeks a direction to the respondent to restore the letter dated 17.08.2021 and allow the petitioner to use its option of Right of First Refusal (RoFR).

2. The case of the petitioner is that the petitioner was the first commercial diving company in India. It has expanded into various ancillary businesses, including SPM Maintenance, offshore diving including saturation and mixed gas, plus salvage and wreck removal. The petitioner is the incumbent contractor at the Paradip Port providing maintenance and operation of offshore terminals and other facilities, and similar services at other ports in India, including at IOCL Vadinar, Bharat Oman Refinery at Singach, BPCL at Kochi, HMEL at Mundra, Reliance at Hazira and Sikka Port and Terminal Limited - Reliance Group Company.

3. The respondent No.1/Indian Oil Corporation Limited (IOCL) invited a tender for “Maintenance and Operation of Offshore Terminals & Facilities at Paradip, Orissa” for a period of three years from eligible bidders. The “Type of tender” was