JUDGMENT :

Vineet Saran, C.J. - Although the records of the present case are very bulky, but the point involved is short. What we have to consider in the present case is as to whether a particular condition laid down in the e-tender document which, in the present case, is regarding furnishing an undertaking from the Holding Company, has been complied with or not ?

2. Brief facts of the case are that Mahanadi Coal Field Limited (for short 'MCL')-opposite party no.1 had issued a tender notice on 15.06.2015 (Annexure-1) inviting tenders for setting up of 10 MPTA Coal Washery at Jagannath area, MCL on Build Operate Maintain (BOM) concept. The last date for submission of the bids was 11.09.2015. Admittedly, on 09.09.2015 the petitioner-M/s. S.K. Samanta and Co (P) Ltd. entered into a Memorandum of Understanding with M/s. Schenck Process India Private Ltd. and M/s. MSDE Engineering Pvt. Ltd., with the petitioner being the lead partner of the consortium. The petitioner, being the Lead Member, was to comply with the requirement of financial eligibility criteria; M/s. Schenck Process India (P) Ltd. was to comply with the technical eligibility criteria regarding setting up of the Washery; and