Heard Mr. Kalyan Bandopadhyay, learned senior counsel for the petitioner, Mr. P. S. Narsimha, learned Additional Solicitor General of India, Mr. Sharad Kaushal, learned counsel for the respondent nos. 6 & 7 as well as Mr. Ratan Kumar Singh, learned counsel for the respondent no. 8.

2. In this writ application, the petitioner has prayed for the following directions:

I. For directing them to award the work of NIT No. BCCL/GM/CMC/E-Tender/F-HEMM-OS/2015/312 dated 09.03.2015 for which the tender process was already concluded on 05.05.2015 at 13:03:58 hrs. in favour of the petitioner while declaring the bid of the petitioner as successful and L1.

II. For showing cause the respondents as to how, under what circumstances and under what provisions of the tender conditions, they could relax the conditions of clause 9 to favour the respondent no. 8 and to simultaneously oust the petitioner in utter violation of Article 14 when the auction process was already closed on 05.05.2015 at 13:03:58 hrs and the petitioner was already declared as successful and L1.

III. For quashing and setting aside the letter of LOA dated 30.05.2015 whereby and whereunder the tendered work in question of the above referred NIT has been sought to be awarded in favour of the respondent no. 8.

3. An amendment application in I.A. No. 5185 of 2015 was preferred by the petitioner which was allowed on 09.09.2015 by this Court and which is also included in the prayer made by the petitioner.

4. The facts of the case of that of the petitioner is that the petitioner is a consortium of M/s. AMR India Ltd. and M/s. Dev Prabha Construction Pvt. Ltd. M/s. AMR India Ltd. is engaged in large mining, irrigation, power, construction work etc. having an annual turn over of more than Rs. 3,000/- crores. M/s. Dev Prabha Construction Pvt. Ltd. is engaged in similar work and by executing an agreement dated 03.04.2015 formed a consortium namely, AMR – Dev Prabha in order to join their forces, experience and expertise. The respondent – BCCL vide NIT No. BCCL/GM/CMC/E-Tender/F-HEMM-OS/2015/312 dated 09.03.2015 issued an e-tender for the work of hiring of HEMM (Heavy Earth Moving Machinery) for removal of over burden, extraction and transportion of coal with fire fighting from XIV, XII, XI/XII, XII, XI, IX/X, VIIIA, V/VI/VII/VIII, IV(T), IV(B), III, II, I(T) and I(B) seams at PATCHDE (MEGA PROJECT) of Dhansar – ENA Colliery of Kusunda Area along with crushing of coal by portable crusher with an estimated value of Rs. 16,94,84,38,224/- from the bidders having requisite experience and eligibility. The petitioner being eligible and having requisites qualifications participated in the tender process along with the other bidders/tenderers. As per the tender notice dated 09.03.2015, the bid submission date started on 23.03.2015 at 10:00 hours and ended on 13.04.2015 at 17:00 hours and thereafter the bid was opened on 21.04.2015 at 16:00 hours. As per the tender notice after qualifying in Part I (Techno Commercial) bid, the petitioner was invited for reverse auction which was to be conducted online and in accordance with the terms and conditions mentioned in the bid document. The petitioner duly participated in the reverse auction conducted on 04.05.2015 which was to be conducted in terms of clause IX of the NIT and especially Clause 9(ix), 9(x), 9(xi), 9(xii) and 9(xiii). On 04.05.2015 which was the first date of reverse auction, the bid continued for the day and was paused as per the conditions enumerated in NIT at 18:00 hours and it was to be continued on the next date i.e., on 05.05.2015. It is the case of the petitioner that on the second day of the reverse auction, the petitioner duly submitted its reverse bid at 12:33:47 hours and since no other reverse bid of any other party was submitted in the next 30 minutes, the E auction process at 13:03:46 hours showed time remaining as 00:00:01 and as per the norms prescribed in the Clause 9 of the NIT, the process was declared as closed and the