INDURE LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the decision taken by the Haryana Power Generation Corporation Ltd. (respondent No. 2) to award contract for design, manufacture, supply, delivery at site, unloading and storage at site, intra site transportation, installation, complete erection, testing and commissioning of complete bottom and Fly Ash Handling System for 1x210 MW. Unit-6, Panipat Thermal Power Project (hereinafter described as PTPP) to M/s MELCO India Pvt. Limited (respondent No. 3).

(2.) FOR proper appreciation of the issues raised in the petition, it is necessary to notice the relevant facts.

(3.) VIDE communication Annexure R.2/8 dated 5.5.1994, respondent No. 3 requested the Chief Engineer (Thermal Design) to supply the tender documents by stating that it had entered into a collaboration with M/s Projects and Developments India Ltd. (a Government of India Undertaking), Sindri for design, engineering, inspecting and follow up supervision during construction and commissioning of Ash Handling System. After two days, respondent No. 3 wrote letter Annexure R.2/9 to the Chief Engineer (Thermal Design) and requested him to give relaxation in the pre-qualification requirements by making the following submissions :