(1.) THE petitioners in this art.226 petition dated November 20, 2010 are seeking the following principal reliefs:
(2.) THE first petitioner, a consortium of one Stevin Rock L.L.C. of Ras Al Khaimah in the United Arab Emirates and the second petitioner, Reacon Engineers (India) Pvt. Ltd. of Kolkata, submitted its bid. Part-I (technical bid) of the bids were opened on June 3, 2010. According to cl.21.2 of the instructions to the bidders NCL was to evaluate the Part-I of the bids, choose the substantially responsive ones, inform the bidders fulfilling the requisite qualifying criteria and then to open the Part-II (price bid) of the bids of only the qualified bidders. On September 9, 2010 the first petitioner wrote a letter requesting NCL not to reject its technical bid on the grounds of 'certain missing/short documents' without first getting 'the SRRAK documents verified from respective Embassy.' On October 18, 2010 the price bids of the bidders whose technical bids had been found to be substantially responsive were opened and the name of the eighth respondent (Girija Pathi Reddy B Co.) was announced as the successful bidder. THE first petitioner wrote a letter dated October 22, 2010 stating and asking NCL as follows:
(3.) MR. Pal, counsel for the petitioners, has argued that this Court has jurisdiction on twofold basis: (i) parts of the cause of action have arisen within the territories in relation to which this Court exercises jurisdiction; and (ii) seat of CIL whose hundred per cent subsidiary is NCL is in Kolkata.