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2021 Supreme(Jhk) 972

RAJESH SHANKAR
Dev Prabha Construction Pvt. Ltd. – Appellant
Versus
Bharat Coking Coal Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. Anil Kumar Sinha, Sr. Advocate, Mr. Ajit Kumar, Sr. Advocate, Ms. Aprajita Bhardwaj, Adv.
For the Respondent: Mr. Amit Kumar Das, Adv.

ORDER :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the tender cancellation order under Reference No. BCCL/CMC/F-e-Nrr/Coal/Tptn38/Bastacolla/2020 dated 17.06.2020 (Annexure-7 to the writ petition), whereby the General Manger (C.M.C), Bharat Coking Coal Limited, Dhanbad-Respondent No.4 has cancelled the NIT under reference No.BCCL/CMC/F-e-NIT/Coal/Tptn38/Bastacolla/2020/59 dated 28.01.2020. Further prayer has been made for issuance of direction upon the respondents to award the tender in question in favour of the petitioner, which has been declared LI bidder after the Reverse Auction Process (in short 'RAP7). Alternatively, the petitioner has further prayed for issuance of direction upon the respondents to go for revocation of tender process in view of Clause 34 of Instructions to Bidders (in short TTB') of the NIT from the stage of opening of the reverse price bidding, if as per the impugned tender cancellation notice dated 17.06.2020, the reasons are technical. The petitioner has also prayed for issuance of direc

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