P. K. MOHANTY, J.

( 1 ) THE petitioner calls is question the action of opp. party No. 1, National Aluminium Company Ltd. and its official in awarding the contract in favour of the Associated Cement Company Ltd. (Opp. party No. 3) and prays for quashing the award of contract in favour of said opp. party No. 3 and for a direction to issue the work order in favour of the petitioner-firm.

( 2 ) THE short fact of the petitioner's case is that, it is a registered partnership firm engaged in the business of Refractory insulation, guaniting, acid/alkali proof lining exposy etc. The opp. party No. 1 sent its tender papers to the petitioner on 17/19-6-99 on 'limited Tender' basis because of its reputation and experience in the required work, requesting it to submit its sealed offer for "repair and modification work of Refractory of Calciner A and B" for shut downs. The tender was to be submitted on or before 9th July, 1999 by 14. 30 hours and the tender was to be opened at 15. 00 hours of 9-7-99. The bidders were also requested to quote their best competitive price, considering the fact that price negotiation if required may be held with the lowest tenderer. A copy of the tendered document