SHARP TANK STRUCTURALS PVT. LTD., MUMBAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Approach to this Court under Article 226 of the Constitution of India has been made seeking the following relief:

(2.) The facts, as projected by the petitioner which are relevant to the determination of the lis in question can be stated briefly as follows.

(3.) The respondent no. 2 - Numaligarh Refinery Limited (herein after NRL), through the respondent no. 3 had floated a Notice Inviting Tender on 25/7/2025 for the work "Balance of Plant Works for LPG Marketing Terminal". As per the requirement of the notice, a bidder was required to be technically qualified whereafter his commercial bid would be taken into consideration. The petitioner which claims to be technically qualified had submitted its bid, which however was held to be non-responsive. The said action was the subject matter of challenge in a proceeding initiated in the Hon'ble Delhi High Court, which was however, disposed of on 31/12/2025 directing consideration and disposal of the representation of the petitioner which was said to be pending. The said representation was rejected vide an e-mail dtd. 3/1/2026 which is the subject matter of the present challenge, for which, the relief as stated above, has been prayed for. The primary grievance of the petitioner is that such rejection of the bid of the petitioner on the technical ground has been done without any application of mind, arbitrarily and with a mala fide intention.