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2023 Supreme(Del) 4128

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Tirupati Cement Products – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Puneet Agarwal, Mr. Premnand Pal and Mr. Chetan Kumar Shukla, Advocates, for the Petitioners.
Mr. Ravi Prakash, CGSC with Ms. Nidhi Bhuwonia, GP; Mr. Farman Ali, Ms. Usha Jamwal and Mr. Yash Aggarwal, Advocates, for R-1.
Mr. Sandeep Kr. Mahapatra, CGSC with Ms. Osheen Verma, Advocate, for R-2.
Ms. Madhavi Divan, ASG with Mr. Somiran Sharma and Mr. Dhrubajit Saikia, Advocates, for R-3.

JUDGMENT

Subramonium Prasad, J.

1. The instant petition has been filed under Articles 226/227 of the Constitution of India, 1950, seeking, inter alia, setting aside the decision taken by Respondent No.2, i.e. Engineers India Ltd. (EIL), to reject the bid submitted by the Petitioners as well as to quash the email dated 23.02.2023 whereby reasons were provided by Respondent No.2 for rejection of the Petitioners' bid.

2. The facts, in brief, leading to the instant petition are as under:

a) It is stated that Respondent No.3, i.e. Numaligarh Refinery Limited (NRL) operates a 3.0 MMTPA Refinery at Numaligarh, Golaghat, Assam. In order expand the capacity of the refinery from 3.0 MMTPA to 9.0 MMTPA, Respondent No.3 appointed Respondent No.2 as the Engineering, Procurement and Construction Management (EPCM) Consultant.

b) In light of the expansion it was decided to procure additional quantity of crude oil and for that purpose, it was planned that crude oil which was being imported through the Paradip port in Odisha would be supplied to the refinery. For this purpose, it was decided to lay cross country pipeline of around 1634 kms. length from Paradip port to Numaligarh for transporting 8 MM













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