ORDER :

1. Heard Mr. P.J. Saikia, learned counsel for the petitioner and Mr. D.K. Banerji, learned senior counsel, assisted by Mrs. R. Bora, learned standing counsel for the respondents.

2. By this writ petition filed under article 226 of the Constitution of India, the petitioner has assailed the legality of (i) the letter No. NHIDCL/Civil Work/Peren Dimapur/Pkg2/2021/889, dated 8.6.2021 issued by the Executive Director, NHIDCL, Kohima (respondent No. 5), thereby rejecting the prayer made by the petitioner in his representation dated 2.6.2021, seeking extension of time for submission of Performance Security and Additional Performance Bank Guarantee; (ii) letter No. NHIDCL/Nagaland/PD/2/2021/SPL-I, dated 4.5.2021 issued by the General Manager, NHIDCL, New Delhi (respondent No. 4); (iii) for setting aside notice inviting bids No. Bid/Package No. NHIDCL/Civil Work/Peren Dimapur/Pkg2, dated 12.3.2020 reissued on 8.6.2021 (3rd Call) by the respondent No. 4 for Construction of 2 Laning with Hard Shoulder of Peren-Dimapur section on NH-129 A from design Km 126.775 to KM 146.208 (Length-19.433) in the State of Nagaland; (iv) to direct the respondent Nos. 1, 2 and 3 to consider the request of the petitioner made vide representation dated 2.6.2021 for extension of time for submission of Performance Security and Additional Performance Bank Guarantee afresh taking note of the prevailing situation in the State of Arunachal Pradesh, Assam and Nagaland as well as benefit granted to the similarly situated bidders vide letter dated 17.5.2021. The petitioner has also prayed for granting interim relief to the petitioner by staying notice inviting bids No. Bid/Package No. NHIDCL/Civil Work/Peren Dimapur/Pkg2, dated 12.3.2020 reissued on 8.6.2021 (3rd Call) by the respondent No. 4 for Construction of 2 Laning with Hard Shoulder of Peren-Dimapur section on NH-129 A from design Km 126.775 to Km 146.208 (Length-19.433) in the State of Nagaland.

3. The learned senior counsel for the respondent has raised two preliminary issue and accordingly, both sides were extensively heard (i) on the preliminary issue of lack of territorial jurisdiction at Guwahati and/or alternatively of forum convenience at New Delhi, and (ii) on the prayer for interim relief.

Factual matrix relevant for this order

4. The non-disputed factual matrix is that in the tendering process, the petitioner was adjudged as the successful bidder and a Letter of Acceptance dated 4.5.2021 (‘LoA’) was issued by the General Manager (T) of the respondent No. 1. On 12.5.2021, the Assam State Disaster Management Authority (hereinafter referred to as ‘ASDM Authority’ for brevity) had issued order (which is popularly called SoP), inter alia, shutting down both Government and Non-Government offices for 15 days and ban was imposed on movement of individuals from 2 p.m. to 5 a.m. This was followed by another order dated 17.5.2021 by ASDM Authority, thereby banning inter-district movement. In the meanwhile on 17.5.2021, the Deputy General Manager (HR) of respondent No. 1 had issued an office order to relax the submission of Performance Bank Guarantee and Additional Performance Bank Guarantee to the EPC (i.e., Engineering, Procurement and Construction) contractors. Thereafter, by order dated 4.6.2021 issued by the ASDM Authority had, inter alia, imposed total ban in the movement of individuals from 1 PM to 5 AM daily and it was ordered mat both Government and Non-Government offices shall remain closed till 15.6.2021, and the inter-district travel also remained banned. Similar COVID-19 protocols were also issued by the District Magistrate-cum-Deputy Commissioner, Itanagar Capital Region on 17.5.2021, 6.6.2021. Similar COVID-19 protocols were also issued by the Nagaland State Disaster Management Authority on 11.5.2021, 9.6.2021. The petitioner being unable to submit Performance Bank Guarantee, submitted a representation dated 2.6.2021 before the General Manager (Tech), New Delhi to allow them additional 30 to 4