2026:BHC-NAG:325-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7883 OF 2025

1. Aryavarta Mining A Partnership Firm constituted under the partnership Act, 1932, 2/1, Nandi Stree, Kolkata – 700019, West Bengal, through its Constituted Attorney Mr. Debashis Sinha

2. BLA Projects Private Limited, a registered company under the Companies Act, 1956, having registered office at Indicom Viva, 53A, Leela Roy Sarani, Kolkata 700019, through its Constituted Attorney, Mr. Debashis Sinha

3. BLA Infrastructure Private Limited, a registered company under the Companies Act, 1956, having registered office at Indicon Viva, 53A, Leena Roy Sarani, Kolkata 700019, through its Constituted Attorney, Mr. Debashis Sinha. .....PETITIONERS ...V E R S U S...

1. Western Coalfields Limited, Coal Estate, Civil Lines, Nagpur 440 001, through its the Chairman cum Managing Director.

2. The Tender Committee, Western Coalfields Limited, Coal Estate, Civil Lines, Nagpur 440 001, through the General Manager (CMC), Western Coalfields Limited, Coal Estate, Civil Lines, Nagpur 440 001

3. Hanumant Construction Private Limited, a registered company under the Companies Act, 1956, Parwani Complex, Ground Floor, Opp. District Judge Bungalow, Civil Lines, Raipur, Chhattisgarh 492 001. .....RESPONDENTS ---------------------------------------------------------------------------------------------

Dr. Renuka S. Sirpurkar, Advocate for petitioners.

Mr. Nachiket Moharir, Advocate for respondent No.1.

Mr. Abhijit Pandey, Advocate for respondent No.2. Mr. Shyam Dewani, Advocate for respondent No. 3.

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CORAM:- ANIL S. KILOR, &

RAJNISH R. VYAS, JJ.

CLOSED ON : 24.12.2025 PRONOUNCED ON : 07.01.2026 JUDGMENT (PER : RAJNISH R. VYAS)

Heard learned respective counsels for the parties and perused record of the case.

2. Shorn of unnecessary details, challenge in this petition is to the action on the part of respondent Nos. 1 and 2 in rejecting the technical bid of the petitioner, for the following reasons:

“TC noted that as per Clause 3.1(c) of the NIT, only that experience can be considered which has been earned by the bidder in its capacity as a partner in the executing Partnership/JV, and only to the extent of its participation share. Since the bidder firm (ARYAVARTA MINING) did not exist as a partner at the time when the cited works were executed, the experience claimed by bidder Aryavarta Mining does not meet the requirement of work experience criteria as per Clause 3.1.(c) of ATC/NIT, therefore, cannot be considered for work experience eligibility criteria as per NIT and is not eligible for opening of their price bid”.

3. Since, in the aforesaid reasons, the respondent authorities have relied upon clause 3.1.(c) of the notice inviting tender. It is necessary to reproduce it.

Work Experience : Bidder must have experience of works (includes completed/ongoing) of similar nature (Excavation & transportation of coal/soil/overburden/shale/Ore/minerals etc by mechanized means (as applicable) valuing 50% of the annualized estimated value of the work put to tender (for period of completion over 1 year)/50% of the estimated value of the work (for completion period up to one year) put to Tender in any year (consecutive 365 days) during last 7(seven) years ending last day of month previous to the one in which bid applications are invited.

“Annualized value” of the work shall be calculated as the “(Estimated value/period of completion in days)x365”.

The value of executed works shall be given a simple weightage to bring them at current price level by adding 7% for each completed year (total number of days/365) after the end date of experience till the last day of month previous to one in which e-

Tender has been invite.

[In case of JV/Consortium, Work Experience shall be met collectively by all the members]

Thus, the question is whether the experience of the persons, who later on formed the