JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. K. Goswami, learned Senior Counsel assisted by Mr. A. Khanna, learned counsel for the appellant. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Deka, learned counsel appearing for the respondent No. 2 and 3 and heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. P. Baruah, learned counsel for the respondent No. 4.

2. The factual background of the case:

(I) The present intra court appeal is directed against the Judgment and Order dated 27.06.2023 passed in WP (C) No. 96/2023.

(II) The appellant before this Court was one of the bidders in respect of a tender invited by the respondent no. 2, Numaligarh Refinery Limited (hereinafter to be referred to as NRL) being NIT bearing no. TK-1P25A-MP-RFQ-0034 dated 25.10.2022 for supply of Reactor and Regenerator package for PFCC Unit as per technical specifications for NRL, Assam, India.

(III) The NIT invited was on an open global e-tender basis under a single stage 2 bid system, Part-I techno commercial bid (un-priced bid) and Part-II (price bid).

(IV) In response to the said NIT invited by the respondent no.2, the appellant as well as respondent no. 4 submitted their bi