HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 683/2021
Acc Limited
----Appellant
Versus
State Of Rajasthan
----Respondent
And D.B. Special Appeal Writ No. 687/2021 Acc Limited
----Appellant Versus State Of Rajasthan
----Respondent And D.B. Special Appeal Writ No. 693/2021 Ambuja Cements Ltd.
----Appellant Versus State Of Rajasthan
----Respondent For Appellant(s) : Mr. Kapil Sibal, Sr. Adv. through VC] Mr. Ashish Kumar Singh] Mr. Vagish Kumar Singh] in SAW Nos.683/2021 & 687/2021 Mr. Virendra Lodha, Sr. Adv. assisted by Mr. Anupam Bhargava in SAW No.693/2021 For Respondent(s) : Dr. Abhishek Manu Sighvi, Sr. Adv.
through VC Mr. Kamlakar Sharma, Sr. Adv.
assisted by Ms. Alankrita Sharma & Mr. Madhu Sudan Singh Rajpurohit Mr. Ravindra Srivastava, Sr. Adv.
through VC assisted by Ms. Alankrita (Downloaded on 17/08/2021 at 10:20:26 PM) (2 of 5) [SAW-683/2021] Sharma in SAW No.693/2021 Mr. Anirudha Bhatia through VC Mr. Jaivardhan Singh Shekhawat on behalf of Mr. R.P. Singh, AAG HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 16/08/2021
1. Heard learned counsel for the respective parties.
2. Since the issue involved in the matters is identical, with the consent of learned counsel for the parties, all these matters have been taken up together.
3. Mr. Kapil Sibal, learned Senior counsel in SAW Nos.683/2021 & 687/2021 and Mr. Virendra Lodha, learned Senior counsel in SAW No.693/2021 both appearing for the appellants submitted that present appeals have been filed seeking to challenge judgment and order of the learned Single Judge dated 04.08.2021 passed in SBCWP No.8191/2021 and associated cases.
4. The appellants herein have sought for leave to appeal on the ground that they are necessary and essential parties to the proceedings and have not been impleaded in the writ proceedings. In support of the leave to appeal, various contentions have been raised and in particular to the extent that the appellants had been found to be "eligible bidders" pursuant to tender floated by the Minerals Scrap Trading Corporation (MSTC) on behalf of the State of Rajasthan vide NIT dated 04.06.2021 for auction of four blocks of limestone mines. Admittedly, the said action had taken place under the Mineral (Auction) Rules, 2015 and tenders have accordingly been issued.
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5. It is contended on behalf of the appellants that the tenders contain various terms including a requirement to deposit "Bid Security Deposit", which it appears, was amended/enhanced by way of an e-mail sent by the MSTC dated 24.06.2021.
6. It is asserted on behalf of the private-respondents (Writ Petitioners) that they have complied with the tender terms but denied receipt of the e-mail stipulating enhancing the "Bid Security Deposit" (though seriously opposed by counsel for the respondent). In any event, it is submitted on behalf of the appellants that the private-respondent (Writ Petitioners) who were otherwise found to be "ineligible", challenged the same before the learned Single Judge and in the said proceedings, the "eligible bidders", namely the present appellants had not been made parties, hence the present application seeking leave to appeal.
7. It is submitted that interest of the present appellants, who are eligible bidders were required to be made party in the writ petitions. In support of this submission they relied on a judgment of the Hon'ble Apex Court in Afcons Infrastructure Ltd. vs Nagpur Metro Rail Corporation Ltd. AIR 2016 SC 4305 and in para 18 specifically relied upon on the issue as to whether eligible bidders were entitled to be impleaded in the petition filed before the High Court. The Hon'ble Apex Court came to the conclusion that various adverse situations may arise, if such eligible bidders are not made party to the proceedings and accordingly concluded that it would be more appropriate for the constitutional Courts to insist on all eligible bidders being made parties to the proceedings filed by an unsuccessful or ineligible bidder.
8. Learned counsel for the private-respondent placed reliance on a judgment of the Hon'ble Supreme Court to counter the (Downloaded on 17/08/2021 at 10:20:26 PM) (4 of 5) [SAW-683/2021] aforesaid submission i.e. in the Case of S.P. Gupta Vs. President Of India And Ors. reported in 1981 Supp.(1) SCC 87 and in particular para Nos.14, 16 & 17 thereof in order to advance the contentions that the present appellants cannot be termed to be "aggrieved party" for the purpose of filing of present appeals, although in the said judgment exceptions have been carved out by the Hon'ble Supreme Court in Para Nos.16 & 17 thereof.
9. At this juncture, this Court is of the considered view that leave to appeal ought to be granted so the applications seeking leave to appeal are allowed.
10. The appeals are admitted. The appellants are directed to implead MSTC (Agent of the State of Rajasthan) as a respondent in the present appeals. Notice to MSTC shall be served 'Dasti' apart from usual mode and through e-mail positively by tomorrow.
11. Issue notice to respondents. Private respondents are represented by respective counsels. Advance copy of the memo of appeal has already been served. Reply affidavit, if any, be filed by 23.08.2021 after serving copy to counsel for the appellant.
12. It is stated by Mr. Kapil Sibal, learned Senior counsel that today is fixed as the date for opening of the financial bid and determining the floor price.
13. We are of the considered view that order of injunction need to be issued to the State Government in order to injunct them from determining the floor price and opening the financial bid. Ordered accordingly.
14. Rejoinder affidavit, if any, be filed by 26.08.2021. (Downloaded on 17/08/2021 at 10:20:26 PM)
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15. List on 27.08.2021 as a first case and endeavor shall be made to dispose of the matter on that day.
16. In the meanwhile, defects if any, be removed. (MANOJ KUMAR VYAS),J (INDRAJIT MAHANTY),CJ BRIJ MOHAN GANDHI/Rajat-7, 8 & 9 (Downloaded on 17/08/2021 at 10:20:26 PM) Powered by TCPDF (www.tcpdf.org)