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2021 Supreme(Mad) 3602

B. PUGALENDHI
Ind-Vigo Coal Pvt. Ltd. – Appellant
Versus
Tamil Nadu Electricity Generation and Distribution Company Ltd – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sathish Parasaran, Senior Counsel for Mr. R. Parthasarathy, Mr. M.S. Krishnan, Senior Counsel for Mr. Adith Narayan Vijayaraghavan.
For the Respondent:Mr. Vijay Narayan, Advocate General and Mr. P.H. Aravind Pandian, Additional Advocate General assisted by Mr. N. Damodaran and Mr. Vijaya Mehanath Standing Counsels.

ORDER :

The respondent TANGEDCO invited Online bids from the eligible bidders for supply of 20 lakh tonnes of imported coal of any origin having GCC 6000 KCAL/kg at, Kamarajar Port, Ennure vide Notification in Specification No.COAL-74 dated 18.1.2021. The said notification is under challenge in the above writ petitions by two different Companies engaged in the business of trading and exporting coal.

2. Since the same notification is challenged in both these writ petitions, the same are taken up together and disposed of by this common order.

3. Mr. Sathish Parasaran, learned Senior Counsel representing the learned counsel on record in W.P.No.4357 of 2021, pointing out several violations in the said Notification, submits that the Tender conditions are coined in such a manner to eliminate the participation of Indian traders in this tender process. The Tender value is about Rs.1330 crores and the required EMD is Rs.13 crores, but the period for submission of Tenders is fixed as 15 days in violation of the mandatory provision in Rule 20 of the Tamil Nadu Tender Transparency Rules 2000. As per this Rule the Tender inviting Authority shall ensure that adequate time is provided for the submis

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