- (1.) This writ petition has been filed on behalf of Monet Ispat & Energy Limited (for short 'MIEL') and the petitioner is a Company incorporated under the provisions of Companies Act and all its Directors are Citizens of India and as such are entitled to get protection and enforcement of the rights and liberties granted under the Constitution of India.
(2.) Following reliefs have been sought for by the petitioner:- (i) An appropriate writ, order or direction, for quashing the letter dated 8.9.2014 issued by the Respondent No.2, whereby the respondents have been arbitrarily seeking to compel the petitioner to enter into a contract for setting up and operation of a coal washery, which was stipulated to be executed in the year 2010, failing which the respondents have threatened coercive action against the petitioner under the Notice Inviting Tender, which includes encashment of a bank guarantee to the tune of Rs.50.00 lacs submitted by the petitioner against the bid security/earnest money deposit; (ii) A writ of mandamus be issued, directing the respondents to provide clause for price compensation for the delay caused by the respondents in executing the contract pursuant to Bid Notice No.203 dated 6th January, 2009 and, accordingly, the respondents be directed to incorporate an appropriate price compensation clause and adhere to it in a nondiscriminatory manner at parity as was done by the BCCL, a sister concern of the respondent; (iii) In alternative and without prejudice to prayer (ii) above, a further writ of certiorari or any other writ be issued or direction be made for quashing/setting aside the Bid Notice No.203 dated 6th January, 2009 and the letter of award dated 20th July, 2012 issued by the respondents and further direction be made to the respondents to return the bid security of Rs.50.00 lacs deposited by the petitioner in the form of bank guarantee; and (iv) Any other appropriate writ, order or direction be made which the Court may deem fit and proper.
(3.) The relevant facts and dates, giving rise to filing of the present writ petition, are as follows:- (a) The respondents issued Bid Notice No.203 dated 6th January, 2009 and invited tender for installation and functioning of a coal washery for 10 MT per annum coal on Built Operation Maintain (BOM) at its Ashok Open Cast Project of Ashok Block of Piparwar Area in North Karanpura Coalfields of Central Coalfields Limited. It was international competitive bidding. (b) The petitioner submitted its bid for a total sum of Rs.128.31 crores approximately. The bid against a Request for Qualification (RFQ) was opened by the respondents on 15th May, 2009 and as per Notice Inviting Tender, validity of bid/offer shall be 18 (eighteen) months from the date of opening of the bid against RFQ Document. (c) According to the petitioner, the validity of bid shall be reckoned from 15th May, 2009 and if it is done so the period of 18 months shall be completed on 14th November, 2010. (d) At the request of the respondents on 19th September, 2011 (Page-60 of the writ petition) the petitioner vide its letter dated 26th September, 2011 (Page-61 of the writ petition) extended the validity period up to 30th September, 2012. (e) A letter of award/acceptance was issued by the respondents in favour of the petitioner on 20th/21st July, 2012 and it was duly accepted by the petitioner on 25th July, 2012. (f) On 21st September, 2012, draft contract document for construction of 10 MT per annum for Ashok Washery on "Built-Operation Maintain" concept was sent to the petitioner for their comment. In response to that the petitioner sent a letter dated 20th October, 2012 and requested the respondents to please incorporate a clause in the contract document for price compensation due to delay caused on the part of the respondents and reference of events which had taken place in course of installation of other coal washery have been referred. Further correspondences from both sides have been made for insertion of clause for price compensation. In this regard, the respondents issued letter dated 20th March, 2013 (Page-80 of the writ petition) by which it was asked to the petitioner to satisfy as to under which provision of bid document, you are claiming for price compensation. (g) The bid security/earnest money of Rs.50.00 las furnished by way of bank guarantee stood extended by the petitioner till 30th November, 2014 vide letter dated 9th August, 2014 (Page-111 of the writ petition). (h) Lastly by Letter No.1704 dated 8th September, 2014 (letter under challenge) it was requested by the respondents to the petitioner to come for signing of the agreement as already finalized after issuance of Letter of Assurance by 23rd September, 2014 failing which CCL Management shall be constraint to take a final decision in accordance with the provision of the NIT. The other relevant dates and documents, if necessary, shall be referred and discussed in course of dealing with the submission and argument extended by the parties.;