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2017 Supreme(UK) 156

K.M.JOSEPH, V.K.BIST
SPX Dry Cooling Technologies Belgium – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent


Advocate Appeared:
For the Appellant :Mr. Anurag Khanna and Mr. Sharad Sharma, Senior Advocates, assisted by Mrs. Indu Sharma and Ms. Gunjan Jadwani, Advocates
For the Respondent:Mr. Rakesh Thaplyal and Mr. I.P. Kohli, Advocates

JUDGMENT :

K.M. Joseph, J.

1. Appellant is the writ petitioner. The writ petition was filed seeking the following reliefs:

“(I) Issue a writ, order or direction, in the nature of certiorari quashing the impugned orders publication dated 1.9.2016 as well as the impugned order dated 26.9.2016 issued by respondent no. 2 annexed as Annexure Nos. 10 & 14 to the writ petition.

(II) Issue a writ, order or direction, in the nature of mandamus commanding the respondents to execute the contract as concluded in favor of the petitioner by its placement as L-1.”

2. Briefly, put the case of the writ petitioner before the learned Single Judge is as follows:

The respondent BHEL sought Expression of Interest for a technical collaboration agreement for “Air Cooled Condenser” on 27.04.2013. BHEL had multiple rounds of discussions with various prospective technology suppliers including the appellant. BHEL was one of the bidders for an EPC contract for 3 X 660 MW North Karanpura Power Project of NTPC. Document inviting bids was done on 29.10.2013 on its website. The approximate tender value was assessed to be Rs.1000 crores. This V-1 enquiry did not contemplate a technical collaboration agreement for licensi






















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