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2022 Supreme(Ori) 284

B.R.SARANGI, SANJAY KUMAR MISHRA
Consortium of Thermopads Pvt. Ltd. and Thermo Systems Pvt. Ltd. – Appellant
Versus
National Aluminium Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Goutam Mukherji, S.S. Padhy, A.S. Mohanty, S. Jena.
For the Respondents: Sanjit Mohanty, Pami Rath, Ipsit Acharya, J. Mohanty, S. Guman Singh, Sagarika Sahoo, K. Khuntia, Jishnu Saha, S.S. Kashyap, Chintu Kumar Agarwal, Amit Kumar Nag.

JUDGMENT :

B.R. SARANGI, J.

1. The Petitioners have filed this Writ Petition seeking to quash the selection of Opposite Party No. 3, pursuant to the Notice Inviting Tender (NIT) dated 15.09.2021 under Annexure-2 and the decision/opinion of Independent External Monitor (IEM) dated 24.02.2022 under Annexure-6, so also the Letter of Intent received by Opposite Party No. 3 dated 09.05.2022. The Petitioners have further prayed to direct Opposite Parties No. 1 and 2 to finalize the tender process, pursuant to the NIT dated 15.09.2021 under Annexure-2, by evaluating the Financial Bid of Petitioner No. 1-Consortium as per the NIT, within a stipulated period.

2. The factual matrix of the case, in brief, is that Opposite Party No. 2-Thyssen Krupp Industrial Solution (India) Pvt. Ltd. on behalf of National Aluminium Company Limited (NACLO), invited bid from the eligible Bidders for the work “Mud Settling, Washing and Associated Facilitates Package Stream 5 of Alumina Refinery at Damanjodi (Bidding Document No. 6695-CMGG00-CA-0042)” vide NIT dated 15.09.2021. As per the NIT, the Bidders were to submit their bids only in hard copy to the Consultant-O.P. No. 2 and no bid was to be uploaded in any w

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