S.R. Brahmbhatt, J.

1. The petitioner, a partnership firm through its authorized signatory has approached this Court by way of this petition under Article 226 of the Constitution of India with following prayers, inter alia challenging the action of the respondents in canceling of the Letter of Award (LOA) No. ANK/MM/P4 (SERVICE) - RB/CATERING/02/2016-17/A16RC16010 dated 24/08/2016 vide its letter dated 29/08/2016 against ONGC e-tender No. ANK/MM/P4 (SERVICE) - RB/CATERING/02/2016-17/A16RC16010 for hiring services for Catering & Housekeeping Services at Muller Colony, CPF Gandhar, North Gandhar Colony and GGS Olpad of Surface Section and at DSA Gandhar and DSA Dabka of Drilling Section of Ankleshwar Asset for a period of 3 years.

(A) Issue an appropriate writ to quash and set aside the letter dated 29th August 2016 issued by the Respondent, cancelling the Letter of Award issued in favour of the Petitioner (Copy at Annexure 'A' hereto).

(AA) Issue an appropriate writ directing the RESPONDENT to issue amended Letter of Award after correctly calculating AA as 480 x 615 x 365 x 3 = 32,32,44,000 in the LOA dated 24th August 2016 (Copy at Annexure "B" hereto).

(AAA) Issue an appropriate Writ to direct the Respondent to foreclose the agreement with the current contractor as per clause BB. Of the LOA dated 30th August 2016 and/or set aside the LOA dated 30th August 2016 allotted to respondent No. 2.

(B) During the pendency and final disposal of this petition;

(i) Stay the operation, implementation and effect of the letter of cancellation dated 29th August 2016 (Copy at Annexure 'A' hereto).

(ii) Restrain the respondent from extending the term of the previous contractor any further and/or restrain the respondent from allotting the tender to the second highest bidder and/or restrain the respondent from re-inviting the tender for the said service and/or restrain the respondent from either appointing or allotting the tender on a temporary or other basis and/or entering into any contract relating to this tender.

(iii) Allow the petitioner to start the execution of the contract as per the rate of Rs. 480 per person/day for providing catering service and providing mechanized housekeeping services as per the scope of work defined in the bid document.

(C) Award costs of this petition;

(D) Pass such other and further orders may be deemed just and expedient."

2. The facts in brief as could be gathered from the memo of the petition and the written submissions of the parties deserve to be set-out herein below for understanding the actual controversy between the parties.

2.1 The petitioner is a proprietorship firm and engaged in the business of Facility Management Services. The respondent ONGC floated tender No. ANK/MM/P4 (SERVICE) - RB/CATERING/02/2016-17/AI6RC16010 for hiring of services for Catering & Housekeeping Services at Muller Colony, CPF, Gandhar, North Gandhar Colony and GGS OLPAD OF SURFACE Section and At DSA Gandhar and DSA Dabka of Drilling Section of Ankleshwar Asset for a period of 3 years. The same tender was floated on-line from 6th May 2016 to 30th June 2016. According to tender details, the last date for submission of e-bidding system was 30th June 2016 at 14:00 hrs and the date and time of opening of the e-bid in the system was 30th June 2016 at 15:00 hrs. As per the tender document the last date of physical documents and for opening of physical documents was 7th July 2016 at 14:00 hrs and 15:00 hrs respectively. The petitioner has submitted its E-bid on 28th June 2016 on ONGC E-portal. The petitioner has submitted its documents with its letter dated 27th June 2016.

2.2 The tender comprised in two parts viz. providing catering services and providing mechanized housekeeping services as per the scope of work defined in the bid document and the price bid consisted of three components namely;

(i) AA = {providing Catering services as