M/S Raasi Refractories Limited vs Steel Authority Of India Ltd.
2021 Latest Caselaw 4830 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W.P.(C) No. 88 of 2021
                                  With
                        W.P.(C) No. 767 of 2021

     M/s Raasi Refractories Limited, Kodandaramnagar, Hyderabad and
     Works at Lakshmipuram through its Authorised Signatory Deepak
     Srivastava                       ...    ...     Petitioner (in both cases)
                                      Versus
     Steel Authority of India Ltd., Bokaro Steel Plant, through its Chairman,
     New Delhi & Ors.             ...      ...    Respondents (in both cases)
     CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Biren Poddar, Sr. Advocate Mr. Deepak Kumar Sinha, Advocate (In both cases) For the Respondent-SAIL : Mr. Indrajit Sinha, Advocate Mr. Vijay Kant Dubey, Advocate (In both cases) For the Respondent No. 5 : Mrs. Kumari Sugandha, Advocate [In W.P.(C) No. 767 of 2021] For the Respondent No. 6 : Mr. Amitabh, Advocate [In W.P.(C) No. 767 of 2021]

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11/15.12.2021 The present writ petitions are taken up today through Video conferencing.

Heard learned counsel for the parties for a while. Mr. Biren Poddar, learned Senior Counsel for the petitioner, submits that the Tender Committee has not assigned any reason as to why the petitioner was not found to have complied Clause 2.7 of the Tender Document. In support of the said submission, learned Senior Counsel for the petitioner puts reliance on the judgment of the Hon'ble Supreme Court rendered in the case of "Steel Authority of India Limited Vs. Sales Tax Officer, Rourkela I Circle & Ors." reported in (2008) 9 SCC 407 (para-17).

Mr. Indrajit Sinha, learned counsel for the respondent- SAIL, while justifying the rejection of the petitioner's bid, submits that Clause 2.7 of the Tender Document has to be read along with Clause 2.3, which reads as under:

"Regular proven suppliers of SAIL/BSL for STEEL LADLE REFRACTORY SET of 300 Ton capacity need not enclose copies of these documents. They shall instead furnish list of SAIL/BSL latest/last PO executed by them for STEEL LADLE REFRACTORY SET of 300 Ton capacity in any of the last seven years."

It is also submitted by the learned counsel for the respondent-SAIL that so far as NIT relating to W.P.(C) No. 88 of 2021 is concerned, the Tender Committee received purchase order of only 10 sets of 300 Ton capacity of Steel Ladle Refractory Set sent by the petitioner through e-mail against the minimum requirement of supply of 16 sets of the same, whereas in pursuance of the NIT relating to W.P.(C) No. 767 of 2021, the petitioner could furnish the same purchase order of 10 sets of 300 Ton capacity of Steel Ladle Refractory Set against the minimum requirement of supply of 25 such ladles. He, however, prays for a short adjournment to bring on record the said facts as well as the subsequent development which has taken place in the matter during pendency of the writ petition.

Put up these cases under appropriate heading on 13.01.2022.

Till then, the interim order dated 10.02.2021 passed in W.P.(C) No. 88 of 2021 shall continue.

(Rajesh Shankar, J.) Manish