Delhi High Court - Orders
Sarda Energy And Minerals Limited vs Steel Authority Of India Limited & Ors on 2 July, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8691/2024
SARDA ENERGY AND MINERALS LIMITED ..... Petitioner
Through: Mr. Prashanto Sen, Senior Advocate
with Mr. Sidhartha Sharma,
Mr. Arjun Asthana and Ms. Shalini
Basu, Advocates.
versus
STEEL AUTHORITY OF INDIA LIMITED & ORS.
..... Respondents
Through: Mr. Sharat Kapoor, Mr. Shubh
Kapoor and Ms. Samridhi Dhir,
Advocates for R-1.
Ms. Sweta Bharti and
Ms. Yashodhana, Advocates for R-2.
Mr. Nishant Gautam, CGSC with
Ms. Sanjana Mehrotra, Mr. Mayank
Sharma and Mr., Vinay Kaushik,
Advocates for R-3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 02.07.2024 CM APPL. 36123/2024 (on behalf of R-2 seeking modification of order dated 24.06.2024)
1. Issue notice. Mr. Sidhartha Sharma, counsel, accepts notice on behalf of the Petitioner.
2. Respondent No. 2, through this application, seeks modification of order dated 24th June, 2024. The relevant portion of the said order is as follows:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 21:55:56 "19. Considering the submissions made before this Court, it is directed that the petitioner-company shall be allowed to participate in the aforesaid tender process, bearing bid No. GEM/2024/R/344556.
20. Learned Senior Counsel appearing for the petitioner further submits that there are other tenders, which are floated in the GeM portal, and the petitioner may be allowed to the participate in the same.
21. Accordingly, it is directed that in case there is any such tender, which is floated by the GeM portal, in which the petitioner wishes to participate, the petitioner is liberty to move an appropriate application before this Court."
3. Subsequently, the Petitioner, in terms of the liberty granted vide order dated 24th June, 2024, filed CM APPL. 35804/2024 seeking participation in another tender bearing reference number GEM/2024/B/5074340. On 1st July 2024 the Court has allowed the Petitioner to participate in a specific tender bearing No. GEM/2024/B/5074340.
4. Counsel for Respondent No.2 now raises two-fold concerns: (i) that the orders passed by this Court allowing the Petitioner to participate in tender process should be confined with respect to the specific tenders mentioned in the said orders and such direction should not apply to all the tenders on the GEM portal; (ii) the cause of action for GEM to take the impugned action, should not be consider to be diluted by virtue of the directions issued by the Court.
5. It should be noted that there were two prayers made in CM APPL. 35804/2024 which are as follows:
"A. Direct Respondent No. 2 to allow participation of Applicant in the Tender bearing reference number as GEM/2024/B/5074340 floated by NMDC Steel Limited on GeM portal;
B. Direct the Respondents to allow the Applicant to participate in all upcoming Tenders till adjudication of Writ Petition (Civil) No. 8635 of 2024 and Writ Petition (Civil) No. 8691 of 2024;"
Notably, this Court on 1st July, 2024 had allowed the Petitioner/ Applicant to participate in the tender specified in prayer A. Prayer B was in fact not This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 21:55:56 pressed. Therefore, the directions issued by the Court till date, are in respect of specific tender numbers referred therein, and does not amount to allowing the Petitioner to participate in all upcoming tenders. Moreover, the Court has already observed that such directions are without prejudice to rights and contentions of all parties, which naturally means that allowing participation in tender does not cure the cause of action, which prompted GEM to take the impugned action.
6. With the above directions, the application is disposed of.
SANJEEV NARULA, J JULY 2, 2024 nk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2024 at 21:55:57