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2023 Supreme(Del) 2857

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
KEC International Limited – Appellant
Versus
Western Railways, – Respondent


Advocates appeared:
Mr. Jayant Mehta, Senior Advocate with Mr. Gaurav Tanwar, Ms. Shreya Jain, Ms. Kaveri Rawal, Ms. Shivani Purohit and Mr. Sandeep Mittal, Advocates, for the Petitioner..
Mr. Chetan Sharma, Additional Solicitor General with Mr. Vikrant Goyal, Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Rishav Dubey and Mr. Sahaj Garg, Advocates, for the Western Railways.
Mr. Atul Nanda, Senior Advocate with Ms. Rameeza Hakeem, Mr. Martand Singh, Ms. Vartika Aggarwal, Mr. Jatin Sehgal, Mr. Ashish Garg and Ms. Ojaswini Rohatgi, Advocates, for the Respondent-3.

JUDGMENT

1. The instant writ petition has been filed under Article 226 of the Constitution of India, 1950, seeking the quashing of the process of re-opening of Financial Bids as indicated in communication dated 06.10.2022 pertaining to Request for Proposal for Bid/Package No. RTM-NRD-DyCE-C-EPC-02 dated 30.03.2022 [revised on 09.06.2022]. The writ petition further prays for directions to the Respondents to act in terms of the RFP and rely on the results of the Financial Bid which have already been declared, and therefore, declare the `Selected Bidder..

2. The facts, in brief, leading to the instant petition have been stated to be as under:

a) On 09.06.2022, the Respondent No.1, i.e. Western Railways, floated a Request for Proposal for "Engineering, Procurement and Construction (EPC) Tender for Civil Engineering Works of Doubling of Track in Mid-Sections between Dalauda (305.15 kms) to Ratlam (374.46 kms) Stations of Ratlam Division of Western Railway in connection with Nimach - Ratlam Doubling Project". The last date for submission of bids was 25.07.2022 and the estimated cost of project is Rs.260.88 crores.

b) Clause 1.2.1 of the RFP notes that single stage two packet system is to

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