ULTRATECH CEMENT LTD. Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2020-3-87
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on March 06,2020

Ultratech Cement Ltd. Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner with the following prayers :- "It is, therefore, prayed that the Writ Petition filed by the Petitioner may kindly be allowed with costs and by an appropriate writ, order or direction this Hon'ble Court may be pleased to: 1. Call for entire record of Tender No.(TN- 26/2019-20/SE/(Fuel)/Jaipur) dated 26.08.2019 including Note Sheets at para 98 to 103/N, 108 to 112/N, 120 to 130/N, 134 to 140/N and 142 to 153/N and Minutes of Meetings held on 23.12.2019. 2. Quash and set aside the impugned Office Order dated 06.01.2020 (ANNEXURE-16) for cancellation of Tender No.(TN-26/2019-20/SE/ (Fuel)/Jaipur) dated 26.08.2019 except for KSTPS unit no.7. 3. Direct the Respondents to accept the bid and issue Letter of Acceptance (LoI) to Petitioner Company for allocation of fly ash from KaTPP Jhalawar Unit 1 and 2 as per Tender No.(TN-26/2019- 20/SE/(Fuel)/Jaipur) dated 26.08.2019. 4. Any other appropriate Writ, Order or Direction, in the present facts and circumstances of the case, which are deemed just and proper by this Hon'ble Court may also be passed in favour of the Petitioner."
(2.) Brief facts of the case are that the respondent-RRVUNL invited tender no.(TN-26/2019-20/SE/(Fuel)/Jaipur) dated 26.08.2019 for e-procurement for sale/collection of ESP dry fly ash from its various coal based TPPs located at KSTPS (Kota), SSTPS (Suratgarh), CTPP (Chhabra), KaTPP (Jhalawar) and the last date for submission of the bid was 23.09.2019 which was time to time extended vide respective corrigendums upto 23.10.2019. The petitioner as well as other companies submitted their tenders and participated in the process.
(3.) Looking to the respective rates received from the various companies, the petitioner company was requested to depute its fully authorized representative to attend the meeting which was scheduled to be held on 16.12.2019 for techno-commercial discussions regarding sale of dry fly ash. On 16.12.2019 the authorized representative of the petitioner company participated in the aforesaid meeting where discussions were held for techno- commercial and on 17.12.2019 the petitioner company was requested by the respondent RRVUNL to offer their best price for sale/collection of ESP dry fly ash from KaTPP unit 1 & 2 and vide letter dated 20.12.2019 the petitioner company intimated to the respondent RRVUNL that they have already offered their best price. After discussion the respondent detailed work order was issued in favour of M/s. J.K. Cement Limited @ Rs.502/- per MT for KSTP Kota, Unit 7.;


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