ESSAR STEEL LIMITED Vs. GAIL I LTD

JUDGEMENT

(1.) This writ petition is directed against the decision of the respondents of not allowing the petitioner to participate in the electronic reverse auction process to be conducted on 17.07.2010 pursuant to the tender enquiry dated 26.03.2010 bearing RFT No. RKS/A027-010-QB-MR- 9010/1001.

(2.) Mr Mukul Rohtagi, the learned senior counsel appearing for the petitioner submitted that although no reason for their not being permitted to participate in the electronic bidding process has been assigned or given to the petitioner, they have come to learn that the reason is that the petitioner had not filed the requisite form with the Registrar of Companies alongwith the certified copy pertaining to the amalgamation of Hazira Pipe Mills Limited with the petitioner-company though the Gujarat High Court as well as the Bombay High Court had sanctioned the amalgamation scheme on 30/6/2010 and 26/3/2010 respectively.

(3.) Mr. Parag Tripathi, the learned Additional Solicitor General, appearing on behalf of the respondents states that on 02.06.2010, which was the last date for submitting the bids, there was no sanctioned scheme in place and, therefore, the amalgamation could not be treated as having taken place.