EMAMI POWER LIMITED Vs. NTPC LIMITED & ANR

JUDGEMENT

(1.) The petitioners have filed the present petitions, inter alia, impugning the action of NTPC Ltd. (respondent no.1) in invoking and encashing the respective bank guarantees submitted by the petitioners alongwith their bids. The petitioners also impugn the order dated 11.08.2016 (hereinafter "the impugned order") passed by the Ministry of New and Renewable Energy, Government of India (hereinafter "MNRE") blacklisting the petitioners and debarring them from participating in any of the Schemes/Programmes of the MNRE for a period of three years.

(2.) The aforesaid punitive measures have been imposed on the petitioners on the allegation that the petitioners had indulged in "malpractices" in submission of their tenders for Solar Power Projects under Phase-II of the National Solar Mission to NTPC. According to NTPC, the petitioners have indulged in "corrupt or fraudulent practices" and the action taken against them is warranted in terms of the "Fraud Prevention Policy" of NTPC.

(3.) The aforesaid conclusion has been drawn by NTPC for the principal reason that the bids submitted by both the petitioners were under signatures of one Mr Manoranjan Ghosh, who was named as one of the authorised representatives by both the petitioners. This, according to NTPC and MNRE, established that the petitioners had colluded in submission of their bids, which fell foul of NTPC's Fraud Prevention Policy.