The petitioner has been carrying out the companytract of respondent number1 for a long time.
It filed a writ petition in the Delhi High Court with the following prayer To quash the decision taken by the Board of Directors in its meeting held on 06.5.2008 with respect to number awarding of companytract to the petitioner with respect to Package A1, A2 A7 in spite of the fact that it is L1, technically qualified as per the requirement and more so its bid is Rs.16.34 crores less than L2 bidders.
In both the petitioner was declared the Lowest Quoted Bidder L1 .
The respondent number1, the Power Grid Corporation of India Ltd. hereinafter as PGCIL is a Public Sector Undertaking of the Government of India working under the Ministry of Power.
Heard Shri Sudhir Chandra, learned senior companynsel for the appellant, and Shri K.K. Venugopal, learned senior companynsel for the respondent and perused the record.
On 16.4.2008 the petitioner made representations to the respondent number1 with respect to Package A1, A2 and A7, explaining as to how the petitioner was fully qualified and met the requirements of technical experience stipulated in Clause 1.1 of Annexure A of Special Condition of Contract.
On 6.5.2008, the respondent number1, decided number to award the companytract for the above mentioned packages to the petitioner as it was of the opinion that the appellant did number have the requisite technical experience as set out in Clause 1.1 of Annexure A of the Special Condition of Contract.
The appellant Electrical Manufacturing Company Ltd., hereinafter as EMC has alleged that it is a leading modern power system companypany in India and is the first ISO 9001 certified companypany in India in Transmission Line Projects.
On 8.1.2008 and 9.1.2008, bids were opened for the above mentioned packages, respectively.
The appellant has alleged that the above refusal by respondent number1 to award the companytract for the above mentioned packages was arbitrary and illegal since the appellants bid was the lowest among all the bidders.
On 8.11.2007, Notice inviting tender with respect to Package A7 was made by respondent number1.
MARKANDEY KATJU, J. Leave granted.
It was established in 1951 and carries out such projects in India as well as overseas.
On 5.11.2007, a Notice inviting tender with respect to Package A1 and A2 was made by respondent number1 PGCIL.
This appeal has been filed against the impugned judgment dated 26.5.2008 of the Delhi High Court in Writ Petition Civil No.3668 of 2008.
