ARIJIT BANERJEE,J. - (1.) This is an appeal against the judgment and order dated 19 February, 2016 passed by the learned First Court in W.P. No. 146 of 2016 (Triveni Engicons Private Limited and Another v. RITES Limited and Others). The facts of the case relevant for the present appeal are as follows:-
(2.) A Memorandum of Understanding (MOU) dated 28 June, 2010 was entered into by and between Coal India Limited (in short 'CIL ') and RITES Limited (in short 'RITES ') where under RITES was appointed as the project management consultant of CIL. Subsequently the said MOU was modified and a communication was issued by CIL to all its subsidiaries including South Eastern Coal Field Limited ( in short 'SECL ') with the instruction that in respect of engineering and project management consultancy and approval of tenders, the subsidiary of CIL would be the final authority.
(3.) On 17 July, 2015 RITES issued a tender notice on behalf of SECL inviting bids from interested parties in connection with construction of Railway infrastructure for Kusmunda Railway Siding. Estimated cost of the project was approximately Rs. 116.42 crores. By a corrigendum, the total value of the tender was reduced to Rs. 107.05 crores and the last date of submission of bids was extended till 17 August, 2015.;