IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3888 of 2024 An application under Article 226 of the Constitution of India.

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VA TECH WABAG LIMITED, having its registered office at „WABAG HOUSE‟ No.17, 200 Feet Thoraipakkam- Pallavaram Main Road, Sunnambu Kolathur, Chennai- 600117, represented through Mr. P. Meenakshi Sundaram, working as Senior Manager, Legal, aged about 39 years, R/o- 158B, Masthan Gori Street, Adambakkam Kancheepuram, Tamil Nadu- 600088. ….. …Petitioner -Versus-

1. Steel Authority of India Limited, Rourkela Steel Plant, represented through the Executive Director (Projects), At- Rourkela, Pin-

769011, Odisha.

2. Deputy General Manager (MM) (Projects), Steel Authority of India, Rourkela Steel Plant, At: Rourkela, Pin: 769011, Odisha.

3. Senior Manager (MM) (Projects), Steel Authority of India, Rourkela Steel Plant, At: Rourkela, Pin: 769011, Odisha.

4. M/s. Effwa Infra & Research Pvt Ltd, represented through its Managing Director, at 07, Vardhaman Complex, LBS Marg, Gokul Nagar, Thane (W) -400601.

5. M/s. SMC Resources, SDN represented through its Director- cum-General Manager, at 7-2-1, Jalan 3/109F, Danau Business Centre, Taman Danau Desa, Kuala Lumpur- 58100.

6. M/s. Gaja Engineering Private Limited, represented through its Managing Director, at Modern Profound Tech Park, at 202/P, 203/P &

204 Part-2^nd Floor, Survey No. 12, Kondapur, Hyderabad- 500084.

7. M/s. Triveni Engineering & Industries Limited, Water Business Group, represented through its Chairman & Managing Director, at A-44, Hosiery Complex, Phase-Il Extension, Noida, Uttar Pradesh-201305.

8. M/s. Tecton Engineering & Construction India Private Limited, represented through its Director, at Olive Towers, 7^th Floor, Door No. 6, Arcot Road, Porur, Chennai- 600116.

9. M/s. Tecton Engineering & Construction LLC, represented through its Chief Executive Officer, at P.O. Box 6039, Anjam, UAE.

10. M/s. Arvind Envisol Limited, represented through its Chief Executive Officer at Arvind Mill Premises, Naroda Road, Ahmedabad-

380025. …Opposite Parties Advocates appeared in this case through Hybrid Mode:

For the Petitioner : Mr. S.P. Mishra, Senior Advocate with Mr. O. Panda, Advocate For Opposite Parties No.1 to 3 :Mr. Gautam Misra, Sr.Advocate with Mr. A.K. Dash, Advocate For Opposite Party No.4 : Mr. Subir Palit, Senior Advocate with Mr. P. Jena, Advocate CORAM:

HON’BLE THE CHIEF JUSTICE AND HON’BLE MS. JUSTICE SAVITRI RATHO ………………………………………………………………………………………….

Date of Judgment : 17.01.2025 … ……………………………………………………………………………………..…

SAVITRI RATHO, J. The petitioner has filed the writ application praying primarily for the following reliefs:

i) For quashing the Letter/Office Order dated 10.02.2024 issued by the opposite party No. 3 vide Annexure -11, cancelling the tender vide Tender Notice No.

P/PROJ/677/2190000042/R1/64 dated 19.07.2022, ii) For quashing the Tender Notice vide Tender No.P /

PROJ/ 677/2190000042/R2/13 dated 13.02.2024 BRIEF FACTS

2. Pursuant to an Invitation for Bid (in short „IFB‟) floated by the Opposite Party No. 1- Steel Authority India Limited (in short “SAIL”) vide Tender No. P/PROJ/677/21190000042/R1/64 dated 19.07.2022 for Treatment System-2 under Zero Liquidated Discharge including the operation and Maintenance for 5 years at Rourkela (Package No. 4), the petitioner company had submitted its bid.

3. Four bidders were found eligible in the technical bid, including the petitioner. The petitioner was declared as L1 Bidder after financial bidding, but was not issued the Letter of Award (hereinafter referred to as „LoA‟). As per the requirement, the petitioner had submitted the declaration for blacklisting on 12.09.2022 along with the bid stating that the petitioner was blacklisted only by the Delhi Jal Board (in short „DJB ‟). The petitioner had also disclosed the debarment letter issued by the DJB dated 15.10.2020 and it was further declared that the debarment will not prevent the petitioner from participating in bidding in view of the order dated 02.1