KOPEX-SHAFT SINKING COMPANY Vs. HINDUSTAN COPPER LIMITED

JUDGEMENT

(1.) The petitioners have approached this Court challenging the action of Hindustan Copper Limited, respondent no. 1 herein, in not issuing Letter of Intent (LOI) in favour of the petitioners inspite of the fact that they were the lowest bidder in the tender.

(2.) Respondent no. 1 Corporation had published an invitation to interested parties to participate in the tender process for the work of reopening, operation and expansion of Rakha Copper Mines at Indian Copper Complex, Jharkhand. The terms of the tender provided that the tender process involved participation in two stages. The first stage was described as "Request for Qualification" (RFQ) stage which involved pre-qualifying and short listing of interested parties on the basis of financial and technical eligibility criteria and the participants who were short listed in the first stage were entitled to participate in the second stage described as "Request for Proposal" (RFP) stage consisting of submissions of financial proposal by such short listed bidders.

(3.) It is the petitioners' case that they submitted RFQ documents. Respondent no. 1 Corporation intimated the petitioners that their RFQ documents were not in order and requested them to rectify the same within a stipulated time.