SOLAR EXPLOSIVES LTD. Vs. N.H.P.C. AND ANR.

JUDGEMENT

(1.) BY means of this writ petition the Petitioner has basically prayed that the Respondent No. 1 Corporation may be directed to issue public tenders inviting bids from all the manufacturers of explosives and the supply orders placed by the Respondent No. 1 with Respondent No. 2 be quashed since they have been placed without inviting any bids from the open market.

(2.) BRIEFLY stated the facts of the case are that the Respondent No. 1 National Hydroelectric Power Corporation Limited (NHPC) is executing the work of construction of the Parbati Hydro Electric Project, state -II, in Kullu District of Himachal Pradesh. Admittedly, contracts for construction of the major works were awarded by the NHPC in the month of September, 2002 to a number of contractors. In terms of these contracts, the explosives were to be provided by the NHPC. In some of the contracts the explosive to be supplied mentioned in the contract was "Power Gel" which is a brand name and this brand of explosive is manufactured by Respondent No. 2 alone. The Petitioner has also made a number of supplies of explosives to the NHPC.

(3.) A perusal of this table shows that in fact on a number of occasions through open tenders supply orders have been placed on the Petitioner Company and M/s. Bharat Explosives but admittedly a lot of supplies are being taken from Respondent No. 2 M/s. Indian Explosives on the basis of single tender basis.