Delhi High Court - Orders
Teq Green Power Xiii Private Limited vs Remc Limited on 16 December, 2022
$~140
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17230/2022 & C.M. Appls. 54785-86/2022
TEQ GREEN POWER XIII PRIVATE LIMITED ..... Petitioner
Through: Mr Jayant Mehta, Sr. Advocate with
Mr Vishrov Mukherjee, Ms Aayushi
Khurana and Mr P.S.S Bhargava,
Advocates.
versus
REMC LIMITED ..... Respondent
Through: Mr Pulkit Agarwal and Mr P.
Agarwal, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 16.12.2022
1. The petitioner is aggrieved by the action of the respondent in treating the petitioner as ineligible for participation in the procurement of 1000 M.W of Round-the-Clock (RTC) Power from Grid Connected Renewable Energy (RE) Power Projects by the respondent under the request for selection document (RFS).
2. It is the submission of Mr. Jayant Mehta, the learned Senior Counsel for the petitioner that the petitioner made a technical and financial bid for the said project, whereas now the petitioner has been excluded from the bidding process without intimating any reasons for the same and without providing any opportunity for hearing
3. The learned senior counsel further submits that petitioner has learnt that other bidders who had submitted bids in response to the RFS, have been invited by the respondent to participate in the e-Reverse Auction (e-RA) on 19.12.2022 but no such invitation has been extended to the petitioner. Mr. Mehta, submits that the petitioner held meetings with the officials of the Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:17.12.2022 17:58:27 respondent on or about 13.12.2022 and it was during the course of such meetings that the petitioner learnt about the respondent's decision to treat the petitioner as not eligible to participate in the e-RA process.
4. He further contends that the petitioner has also made representation to the respondent on 14.12.2022 seeking clarification on petitioner's exclusion, with further request to defer the e-Reverse Auction (e-RA) but petitioner is yet to get a response.
5. He also submits that in case the process of E-Reverse Auction scheduled for 19.12.2022 is not stayed, the petitioner would be left remediless.
6. Issue notice. The learned counsel appearing on behalf of the respondent accepts notice.
7. The learned counsel appearing on behalf of the respondent, on instructions, submits that with reference to the request made by the petitioner vide letter dated 14.12.2022 (Annexure P-8), the respondent shall communicate its decision to the petitioner and in the meanwhile, e-Reverse Auction (e-RA) will remain in abeyance till the expiry of one week commencing from the communication of said decision to the petitioner.
8. Taking the aforesaid statement on record, and binding the respondent to the same, the present petition along with pending applications, is disposed of with liberty to the petitioner to approach the court in altered circumstances.
VIKAS MAHAJAN, J DECEMBER 16, 2022/sv Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:17.12.2022 17:58:27