- (1.) APPALLED by the summary defeasance of its assailment of the decision making process of the Rajasthan Rajya Vidyut Prasaran Nigam Limited (for short, hereafter referred to as 'the Nigam'), pertaining to long term procurement of 1000 MW power (+10%) under Case -1 bidding procedure through tariff based competitive bidding and issuance of the Letters of Intent (for short, hereafter referred to as 'the LOI') dated 24.09.2013/27.09.2013 in favour of DB Power Ltd. -PTC, Lanco Power Ltd., Babandh and Maruti Clean Coal & Power Ltd., the writ -petitioners in S.B. Civil Writ Petition Nos.19437/2013 and 18699/2013 respectively, are in appeal for redress.
(2.) WE have heard Ms. Pinky Anand, learned Senior Counsel, Mr. R.N. Mathur, learned Senior Counsel assisted by Mr. Atul Sharvastav, Mr. Angadh Mirdha, Ms. Shruti Verma, Ms. Asha Sharma, Advocates for the appellants, Mr. L.L. Gupta, the learned counsel for the respondent No.2, Mr. Meet Malhotra, learned Senior Counsel assisted by Mr. Mahendra Sandaliya, Advocate for the respondent No.4, Mr. Ramji Shrinivasan, learned Senior Counsel assisted by Mr. Deepak, Advocate for the respondent No.5 & Mr. S.S.Hasan, Mr. Ravi Chirania, Mr. Ravi Kumar & Mr. Ashish Sharma, the learned counsel for the other respondents. The essential and indispensable facts in bare minimum, to the extent necessary for the present adjudication, would, for the sake of convenience, being common in their salient attributes, be gleaned from the rival pleadings in S.B. Civil Writ Petition No.18699/2013.
(3.) THE Nigam had issued a Request for Proposal (for short, hereafter referred to as 'the RFP') on 28.05.2012 for long term procurement of 1000 MW power (+10%) under Case -1 bidding procedure through tariff based competitive bidding as per Bidding Guidelines (hereafter referred to as 'Guidelines'), issued by the Government of India for Determination of Tariff by Bidding Process for Procurement of Power by Distribution Licensees for meeting the Base Load requirements of JVVNL, AVVNL and JPVVNL in the State of Rajasthan. Pursuant thereto, various generator firms did submit their bids, as stipulated, whereafter the Nigam opened the non -financial bids on 18.09.2012 and following necessary clarifications, the responsive bidders were shortlisted, as felt necessary. Thereafter, the Nigam sought for extension of the validity of their bids more than once. On 28.03.2013, the appellants along with 8 others, were declared as qualified bidders as per provision 3.3.1. of the RFP and their financial bids were opened on 04.04.2013 and consequent thereupon, the qualified bidders were placed, ranking them lowest to the highest, as under: - SNo Bidders Quantity Cumulative Lev. Tariff Offered (MW) Capacity (M (Rs./Unit) L1 Maruti Clean Coal and Power Ltd. - PTC 195 195 4.517 L2 DB Power Ltd. - PTC 311 506 4.811 L3 Lanco Power Ltd. Babandh 100 606 4.943 L4 Athena Power Ltd. - PTC 200 806 5.143 L5 SKS Power Generation Pvt. Ltd. 100 906 5.299 L6 Lanco Power Ltd. Vidarbha 100 1006 5.490 L7 MB Power (MP) Ltd. - PTC 200 1206 5.517 L8 KSK Mahanadi Power Ltd. 475 1681 5.572 L9 Jindal Power Ltd. 300 1981 6.038 L10 Lanco Power Ltd. 100 2081 7.110 ;