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2019 Supreme(Ori) 258

K.S.JHAVERI, K.R.MOHAPATRA
Vedanta Limited – Appellant
Versus
National Aluminium Company Limited (Nalco) – Respondent


Advocates:
Advocate Appeared:
H.P. Raval, Adv., Prashanta Kumar Nayak, Adv., A.K. Mohapatra, Adv., S. Mishra, Adv., P.K. Behera, Adv., S.N. Dash, Adv., R.K. Rath, Adv., Nihar Ranjan Rout, Adv., P. Rath, Adv., J.P. Behera, Adv.

JUDGMENT :

K.S. JHAVERI, J.

1. By way of this writ petition, the petitioners have challenged the action of the opposite party-National Aluminum Company Ltd. (NALCO) inviting tender vide Tender No. NAL/EXP/T(CA)/S/140 dated 01.02.2019 for sale of 30,000 MT Metallurgical Grade Calcined Alumina.

2. Mr. H.P. Raval, learned Senior Counsel for the petitioners has stated that the petitioner No.1 is a largest manufacturer of aluminum and is engaged in manufacturing and selling of Aluminum products. The company is having 1.6 Million Tonnes Per Annum (MTPA) Aluminum Smelter Plant which includes a Special Economic Zone (SEZ) unit having an Aluminum Smelter Plant with a capacity of 1.25 MTPA at Bhurkamunda, P.O. Siripura, Dist-Jharsuguda, Odisha.

    2.1. The petitioner No.1 has also set up a 1215 MW Captive Power Generating Plant and a 2400 MW Thermal Power Plant within the said premises to supply continuous and uninterrupted power to its aluminium smelter units. In addition to the foregoing business unit, the petitioner also operates a 2 MTPA green field alumina refinery and an associated 75 MW

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