EXMAR NV Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioners praying for issuance of a writ of certiorari for quashing the impugned communication dated 9th December 2005 and for issuance of a writ of mandamus directing respondent No.2, Petronet LNG Limited (hereinafter referred to as Petronet), to withdraw the communication dated 9th December 2005 and to act in pursuance of the communication dated 5th December 2005 addressed to the petitioner. It is also prayed that respondent No.2 be directed not to consider the bid of respondent No.3 Teekay and Great Eastern Shipping Consortium.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The contract in question is in respect of building and time chartering of LNG tankers for shipping LNG from Qatar to Dahej. In this connection the respondent No.2 invited tenders. Only four parties obtained the tender forms, and only three submitted bids. It is alleged in paragraph 6 of the writ petition that the bid submitted by the petitioner consortium was accepted by Petronet and by a communication dated 5th December 2005 Petronet communicated this to the petitioner and awarded the contract to the petitioner and only a formal execution of the relevant document remained. However it is alleged that the respondent malafide took a complete 'U' turn in an arbitrary and discriminatory manner and has sought to now re-bid the tender for awarding the said contract.