NATIONAL THERMAL POWER CORPN. v. MAN INDUSTRIES INDIA (P) LTD.
2005-04-11
A.K.MATHUR, P.VENKATARAMA REDDI
body2005
DigiLaw.ai
ORDER 1. Leave granted. 2. These appeals are filed against the interim order passed in the writ petition filed by the respondent herein in the High Court of Delhi. The 9 operative part of the interim order reads as follows: "In view of the above, we are of the opinion that the petitioner has made out a prima facie case for grant of ad interim relief and if the same is not granted at this juncture, they are likely to suffer irreparable loss because the last date for submission of the tenders is 9-11-2004. Accordingly, we direct the respondent to issue the tender documents to the petitioner without prejudice to their rights and contentions and if the petitioner submits its bid within the stipulated time, the same shall be dealt with in accordance with the NIT. The tender document shall be issued to the petitioner by 11 a.m. on 5-11-2004." 3. In these appeals, it is contended that the respondent herein, who was awarded the contract for the same work earlier, failed to furnish the performance guarantee which necessitated the re-tender for the execution of the work and, therefore, such a person is not entitled to get any interim relief by taking recourse to the jurisdiction of the High Court under Article 226 of the Constitution. Though we find considerable force in this submission, it is not necessary to express any final opinion in the light of the subsequent events that have taken place after the filing of the SLPs. 4. The following order was passed by us as an interim measure on 24-1-2005: "Pending further orders, there shall be consideration of the respondents tender along with other eligible tenderers on merits and final decision with regard to the award of contract to any party shall not be implemented for a period of four weeks from today." 5. The tender documents have already been issued to the respondent and the respondent has submitted his tender. We are informed that no final decision has been taken so far. Suffice it to observe that the tender submitted by the respondent will be dealt with in accordance with law and the appellant may take appropriate decision in regard to awarding of the contract. 6. The appeals are disposed of accordingly.