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2022 Supreme(Ori) 70

B.R.SARANGI, V.NARASINGH
Durga Electricals And Electronics – Appellant
Versus
Mahanadi Coalfields Limited – Respondent


Advocates Appeared:
Mr. Manmaya Kumar Dash, Advocate, for the Appellant; M/S D. Mohanty, A. Mishra, B.P. Panda and D. Behera, Advocates, for the Respondent.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, by means of this writ petition, seeks to quash the order dated 26.05.2021 in Annexure-5, by which the bid of the petitioner has been rejected and the petitioner has been banned for 2 (two) years from being eligible to submit bids in CIL and its subsidiaries from the date of its issuance, taking recourse to Clasue-14(E) of the NIT; as also the consequential work order dated 26.05.2021 issued in favour of opposite party no.5 (inadvertently numbered as 4') vide Annexure-6; and to issue direction to the opposite parties to consider the representation of the petitioner dated 30.05.2021 under Annexure-7, within a stipulated period.

2. The factual matrix of the case, in brief, is that the petitioner is a proprietorship firm and participated in the process of tender, pursuant to the online bid invited by opposite party no.3, having digital signature certificate authorized by the Controller of Certifying Authority (CCA), Government of India, in respect of the work 'Conversion of 3.3 kV overhead line (Pump feeder) to 33 kV overhead line to feed power to proposed temporary field substation near stock No-6 of Ananta OCP of Jagannath Area'. Followin

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