2013 Supreme(Raj) 702
MOHAMMAD RAFIQ
R. N. Metals – Appellant
Versus
Rajasthan Vidhyut Utpadan Nigam Limited – Respondent
For the Petitioner:S.S. Hora, Advocate.
For the Respondent:R.K. Agrawal, Senior Counsel with Ms. Sunita Pareek and Shri Nitin Jain, Advocates.
JUDGMENT
1. - This writ petition seeks to challenge the award of the work for supply of Hi-Chrome Grinding Media Balls to respondent no. 3 pursuant to Notice Inviting Tender No.TN-104/2012. AIA Engineering Limited by respondent no. 1 - the Rajasthan Vidhyut Utpadan Nigam Limited.
2. Petitioner as well as respondent no. 3 both are manufacturer of Hi-chrome GM balls. According to petitioner, it is supplying said item to respondent no. 1 Rajasthan Vidhyut Utpadan Nigam Limited (for short, 'the RVUNL') for last five years satisfactorily because in each of those years, it was the lowest tenderer having quoted lowest rates in his tender. In respect of the year 2011-12 it was awarded work of supply of 2705 MT of Hi-chrome GM balls but till date it has supplied 2944 MT of Hi-chrome GM balls in terms of clause of contract, which provides that the respondent RVUNL can call upon the supplier to supply upto 20% more material according to its requirement.
3. Petitioner contends that respondent-RVUNL vide NIT No. TN-104/2012 invited tenders for supply of 2000 MT Hi-chrome GM balls in different sizes. The petitioner applied for supply of tender document and vide letter dated 09.04.2012 tendered doc
Click Here to Read the rest of this document