SRINIVASA CONSTRUCTIONS LTD Vs. B H E L

JUDGEMENT

(1.) Having heard learned Senior Counsel for the petitioner Sri S. Ramachandra Rao and for the respondents, Sri E. Manohar, at length, the writ petition itself is, with the consent of the parties, taken up for hearing.

(2.) The validity of the invitation to tender vide specification No.BHEL-PS-SCT-911, dated 12-5-2000, is in issue in these proceedings at the instance of M/s. Srinivasa Constructions Ltd. The petitioner argues that the impugned notification is arbitrary, opposed to public interest and violative of Articles 14 and 300-A of the Constitution of India.

(3.) The National Thermal Power Corporation (NTPC), for the purpose of executing 2 x 500 M.W. units by name "Simhadri Thermal Power Project" (STPP) at Paravada, Visakhapatnam District, floated a global tender. The 1st respondent Bharat Heavy Electricals Ltd., (BHEL) obtained the contract for the above work. In its turn the BHEL invited tenders for various components of the works in relation to the said project. These tenders having been finalised, sub-contracts were entered into by the BHEL with the various sub contractors including the petitioner herein.