PRAXAIR INDIA PRIVATE LIMITED Vs. CENTRAL VIGILANCE COMMISSIONER

JUDGEMENT

(1.) The petitioner challenges a tender allocation process for setting up of a Cryogenic Oxygen manufacturing facility at Durgapur Steel Plant (DSP) with a capacity of 1250 TPD on a Build-Own-Operate (BOO) basis.

(2.) The brief facts of the case are that in or about December 2020, a Notice inviting "Expression of Interest " (EOI) was published by the Respondent No. 2, M/s Steel Authority of India Limited (SAIL). About five bidders, namely, Praxair India Private Limited (the writ petitioner), Ellenbarrie Industrial Gases Ltd., M/s. Nova Air, M/s. Air Liquide India Limited, M/s. Inox Air Products Pvt. Ltd, showed interest.

(3.) The existing Cryogenic Oxygen Plants of the SAIL at DSP and Bhilai Steel Plant (BSP), functioning on BOO basis, are already being operated by the writ petitioner and the said M/s Inox respectively. M/s. Inox was also operating an Oxygen Plant on a BOO basis at the steel plant at Bokaro (BSL) while M/s. Linde AG was operating such Oxygen plant at Rourkela Steel Plant (RSP) of the SAIL. Negotiations went on between SAIL and the said persons and in or about 17/6/2021, Notice Inviting Tenders (NIT) was published.