RELIANCE POWER LIMITED Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prashant Chandra, Senior Advocate assisted by Sri Akshat Srivastava, learned counsel for the petitioner as well as Sri Raghvendra Kumar Singh learned Advocate General assisted by Sri Altaf Mansoor, learned counsel for the respondents.

(2.) The petitioner has invoked the writ jurisdiction of this Court being aggrieved by the orders dated 26/02/18 and 27/02/2018 passed by the respondent no.2 thereby rejecting the request of the petitioner to return the bid bond of Rs. 73.86 crores and also invoking the bank guarantee given by the petitioner along with submission of the bid to set up a power plant and to supply power to the State of UP.

(3.) Uttar Pradesh Power Corporation Limited (hereinafter referred to as "the UPPCL") had issued notices inviting tenders on 10/05/2010 which was widely circulated by uploading it on the Internet and publishing it in the national newspapers. The respondents had also uploaded "Request for Proposal" (hereinafter referred to as "the RFP") document on 10/05/2010, however, on account of amendment, the amended RFP was uploaded on 26/08/2010. The RFP was issued by the UPPCL on Behalf of the distribution licensees of the state of UP and the time period for which power was to be supplied was prescribed as 25 years.