GREEN ENERGYZ Vs. BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) The petitioner is before this Court calling in question the Order/decision of the respondent No.2-Bharat Heavy Electricals Limited ('BHEL' for short), rejecting the bid submitted by petitioner pursuant to a tender notification for the purpose of 'design, supply and assembly of Floating System and Associated Anchoring and Mooring for Development of 300 MW AC capacity Floating Solar Power Project at Rengali Reservoir at Angul District in the State of Odisha.

(2.) Heard Sri Parashuram A.L. Advocate for petitioner and Sri Keerti Kumar D. Naik, advocate for respondent Nos.1 and 2.

(3.) The petitioner claims to be a partnership firm established in the year 2020 and is recognized as a Start-Up by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India. Petitioner also claims to have registered under the provisions of Micro, Small and Medium Enterprises Development Act, 2006. The 2nd respondent-BHEL issues a notice inviting tender on 24/8/2023 for the aforequoted work and then invites all the vendors for a pre-bid meeting for the 'Design, Supply and Assembly of Floating System'. The petitioner is also one of the participant in the pre-bid meeting held by the BHEL with all intending tenders. Pursuant to the pre-bid meeting, petitioner submits his tender on 31/8/2023 and 1/9/2023. The technical bid of the petitioner comes to be rejected by the respondent No.2-BHEL in terms of the impugned Order dtd. 10/9/2023. It is this rejection that has driven the petitioner to this Court in the subject petition.