LAWS(SC)-2023-9-77

BTL EPC LTD Vs. MACAWBER BEEKAY PVT LTD

Decided On September 18, 2023
Btl Epc Ltd Appellant
V/S
Macawber Beekay Pvt Ltd Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from a judgment dtd. 27/7/2023 of a Division Bench of the High Court of Karnataka. The High Court set aside a judgment of a Single Judge, in a writ appeal(Writ Appeal No 1169 of 2022 (GM-TEN)). As a consequence of the impugned judgment, a Letter of Intent("LoI") which was issued by Bharat Heavy Electricals Limited("BHEL" (the second respondent)), in favour of the appellant has been quashed and BHEL has been directed to consider the bid submitted by the first respondent in terms of a Notice Inviting Tenders dtd. 24/6/2022.

(3.) BHEL was awarded a contract for setting up the 5x800 MW Yadadri Thermal Power Station. A part of the work was sought to be subcontracted. BHEL invited bids for undertaking the work of design, engineering, manufacturing, supply and other related works pertaining to an Ash Handling Plant. The appellant submitted its bid. On 29/9/2022, a letter of intent was issued to the appellant for a total contract value of Rs.378.64 crores.