ZEPHYR-VEPL-KCL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) Heard Dr. N. K. Shukla, learned Senior Advocate assisted by Mr. Arjit Tiwari, learned counsel for the petitioner. Also heard Ms. Astha Shukla, learned counsel for the respondents.

(2.) By way of this writ petition the petitioner has prayed for following reliefs:-

(3.) Brief facts of the case are that, the petitioner is a joint venture company which has been incorporated in order to respond to the notice inviting tender issued by the SECL on 28/6/2020 for "Hiring of HEMM for excavating all kinds of strata / overburden / insitu loading into Tippers, Transportation and unloading of excavated materials & silt, dumping, dozing, scrapping / removal of all bands, preparation / maintenance of haul road, water sprinkling and spreading of material at the site shown in the plan and as per directives of the Management / Engineer in charge of Amlai OC Expansion, Sohagpur Area for Total Quantity: 3,72,98,290 Cum (23,26,609.00Cum-Soft Soil + 3,43,64,912.00Cum-Hard Strata + 6,06,769.00 Cum- Re-handling), Minimum QPD: 25547 Cum, Period: 1460 days". This e-tender notice has been identified by bearing NIT No.SECL/BSP/CMC/e-Tender/407 dtd. 28/6/2020. Pursuant to the notice inviting tender, the petitioner constituted a joint venture partnership. It is submitted that this joint venture agreement was inconformity with the requirement which is made in the tender notice.