AMBEY MINING PRIVATE LIMITED Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioners participated in a Notice Inviting Tender (NIT) through electronic tender floated by the respondent Eastern Coalfields Limited (ECL) for development and operation of Itapara OCP through mine operator for excavation and delivery of coal. The NIT was issued on 21/12/2022 and the estimated Project cost was about 935.513 crores, for a duration of 18 years.

(2.) The petitioners seek an order in the nature of mandamus commanding the respondent no. 1 ECL to disqualify/reject the bid of the respondent no. 2 R.K. Transport and a further direction not to award the contract in favour of the respondent no.2. The petitioners have not challenged any decision taken by ECL, although a letter of ECL dtd. 15/3/2023 shows that ECL refused to accept the objection to the bid evaluation and proceeded to declare the respondent no. 2 as the successful bidder.

(3.) The petitioners' grievance relates to the respondent no. 2 not having the required eligibility for being awarded the tender and the work order. Learned counsel appearing for the petitioners submits that the documents furnished/uploaded by the respondent no. 2 are contrary to the clauses in the NIT. Counsel places clause 9.2(b) of the NIT in this context to submit that the respondent no. 2 does not fulfil the Financial Capacity criterion in the NIT.