MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Energo Constructions Private Limited – Appellant
Versus
Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd. – Respondent
JUDGMENT :
Mahesh Chandra Tripathi, J.
1. Heard Sri Navin Sinha, learned Senior Advocate, assisted by Sri Prashant Shukla, learned counsel for the petitioner; Sri Shad Khan, learned counsel holding brief of Sri Shishir Prakash, learned counsel for the respondent Nos.1 to 3 and Sri Anurag Khanna, learned Senior Advocate, assisted by Sri Raghav Dev Garg, learned counsel for the respondent No.4.
Facts:-
2. The facts of the case as emerging out from the record are that the petitioner herein is a company engaged in business of Operation and Maintenance Services (for the sake of brevity hereinafter referred as ‘O&M Services’) for Uttar Pradesh Rajya Vidyut Utapadan Nigam Ltd. including O&M Services and Coal Handling Plants. The respondent no.1 floated a tender sometimes in June 2020 for execution of O&M Services for its Coal Handling Plants at Paricha Station for a period of two years. The petitioner, who participated in the bid, was found suitable and contract was awarded to it. It was at that point of time, when one of the unsuccessful bidder alleged that petitioner had been debarred by another State owned power generating company in Madhya Pradesh, hence the petitioner was not qualified t
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