- (1.) LEAVE granted.
(2.) THIS appeal has been filed against the impugned judgment dated 26. 5. 2008 of the delhi High Court in Writ Petition (Civil)No. 3668 of 2008. Heard Shri Sudhir Chandra, learned senior counsel for the appellant, and Shri K. K. Venugopal, learned senior counsel for the respondent and perused the record. The appellant Electrical Manufacturing company Ltd. , (hereinafter as 'emc') has alleged that it is a leading modern power system company in India and is the first ISO 9001 certified company in India in transmission Line Projects. It was established in 1951 and carries out such projects in India as well as overseas. It filed a writ petition in the Delhi High Court with the following prayer :- "to quash the decision taken by the Board of Directors in its meeting held on 06. 5. 2008 with respect to not awarding of contract to the petitioner with respect to package A1, A2 and A7 in spite of the fact that it is L1, technically qualified as per the requirement and more so its bid is rs. 16. 34 crores less than L2 bidders. "
(3.) THE respondent no. 1, the Power Grid corporation of India Ltd. (hereinafter as 'pgcil') is a Public Sector Undertaking of the government of India working under the ministry of Power. The petitioner has been carrying out the contract of respondent no. 1 for a long time. On 5. 11. 2007, a Notice inviting tender with respect to Package A1 and A2 was made by respondent no. 1 PGCIL. On 8. 11. 2007, notice inviting tender with respect to Package a7 was made by respondent no. 1. These tenders were for setting up electrical transmission lines.;