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C.K. THAKKER, J.

1. Leave granted.

2. The present appeal arises out of the judgment and order dated February 16, 2005 in Miscellaneous Case Nos. 9 and 10 of 2005 and Miscellaneous Case No. 57 of 2004 in Review Petition No. 4 of 2002 passed by the High Court of Orissa.

3. Shortly stated the facts of the case are that respondent No. 1, Steel Authority of India Ltd. (`SAIL' for short) issued tenders for raising, transporting and loading of iron ore lump and fines into railway wagons at Kalta Iron Mine. The tender was required to be submitted in two parts: (i) Techno-Commercial Parameters (Part-I) and (ii) Price Bid (Part- II). Price bid of the tender was to be opened only after opening of the Techno-Commercial Parameters and if the bidder was found qualified. In response to the first notice dated June 5, 2000, 19 tender papers were sold. The authorities, however, received response only from 10 persons. Techno-Commercial Parameters (Part-I) was opened and it was found that only one bidder, namely, M/s Ores India Pvt. Ltd. (respondent NO. 2 herein) was qualified. The process, therefore, had to be cancelled because for opening of Price Bid (Part-II), minimum three Techno-Commercially qualified offers ought to have been there as per Clause 7.7 of Purchase/Contract Procedure, 2000. Re-tender was, therefore, issued on September 8, 2000, but it was also required to be cancelled owing to `no perceptible improvement' in the situation. The tender was floated for the third time, which was unsuccessful. The fourth notice inviting tenders was issued on January 22, 2001. It met with the same fate. Then fifth time, tenders were invited on May 7, 2001 wherein the appellant was found eligible and qualified. His bid was the lowest. The said bid was accepted and the work was entrusted to him. The decision taken by the first respondent (SAIL) came to be challenged by respondent No. 2 in the High Court of Orissa by filing a Writ Petition being OJC No. 3508 of 2002. The main allegation of the petitioner before the High Court (respondent No. 2 herein) was that first respondent (SAIL) cancelled previous four notices inviting tenders only with a view to oblige the appellant and to entrust work to him who could not qualify himself earlier for want of requisite eligible criteria in tender process. Ultimately, the standard as prescribed earlier was relaxed and lowered down in the 5th tender notice. When the present appellant became eligible and qualified, the tenders were opened and his bid was illegally accepted by SAIL. The petition was heard on merits and the High Court vide its judgment and order dated May 30, 2002 dismissed the petition. Respondent No. 2, however, came to know that he was eligible and yet his case was not considered. He, therefore, filed a review in the High Court which was registered as Review Petition No. 4 of 2002. By a judgment and order dated February 3, 2003, the Division Bench allowed the Review Petition and directed the authorities (SAIL) to open fourth tender and consider the case of the petitioner (appellant) afresh in accordance with law within a period of one month from the receipt of the writ. The above order was challenged by the appellant by filing Special Leave Petition in this Court. Special Leave Petition was also filed by SAIL. Both the Special Leave Petitions, however, were dismissed by this Court on November 28, 2003.

10. The learned counsel for Respondent No. 1-SAIL strongly refuted the allegations levelled by the appellant. An affidavit-in- reply is filed denying all the averments and allegations against SAIL. It was stated that the order passed by the High Court in Review Petition was challenged by SAIL, but Special Leave Petition was dismissed. Thereafter obviously, SAIL was required to act in accordance with the order passed by the High Court in the Review Petition and confirmed by this Court. It was also submitted by learned counsel for SAIL that bald allegations have been levelled against SAIL by the appellant without there being any material whatsoever in support of such allegations. On the contrary, all throughout SAIL has acted strictly in consonance with law. The Counsel stated that in accordance with the order passed by the High Court in Review Petition, 4th Tender was considered, notices were issued to respondent No. 2 as also to the appellant herein. The appellant received the notice. He addressed a letter to SAIL stating therein that he would remain present in pursuance of the notice issued by SAIL through his Power of Attorney and representative Ramesh of Rithwik Projects. Accordingly, Rithwik Projects through its Chairman and Managing Director Ramesh appeared and a decision was taken to entrust contract to respondent No. 2. In the circumstances, it cannot be said that any fraud has been committed by SAIL either on the appellant or on the Court. The counsel for SAIL further stated that the appellant has not been affected at all. It was stated that work entrusted to the appellant was under tender notice 5 and not under tender notice 4. Period of tender notice 5 was for three years. The said period of three years was over and the appellant had completed the said work. Thereafter there was no right in favour of the appellant nor he could insist continuance of the contract. The counsel, therefore, submitted that the appeal should be dismissed by this Court.

11. Even otherwise, according to the counsel, no communication was sent at any point of time by the appellant to SAIL that though earlier he had issued Power of Attorney in favour of Ramesh of Rithwik Projects, it was subsequently withdrawn or revoked and that he would not represent the appellant in future before SAIL. On the contrary, though notice was issued by SAIL and received by the appellant, he did not remain present and sent a communication to SAIL that Ramesh of Rithwik Projects would represent him. It was, therefore, not open to the appellant thereafter to turn round and make wild allegations against SAIL nor is he entitled to any relief.

12. On behalf of respondent No. 2 - M/s Ores India Pvt. Ltd., the counsel contended that no case whatsoever has been made out by the appellant so as to interfere with the order passed by the High Court. According to the counsel, in fact SAIL had obliged appellant which was clear from the facts and proved from the decision in the Review Petition by the High Court. When 4th tender notice was cancelled, respondent No. 2 instituted a writ petition challenging the said action of SAIL. Meanwhile, 5th tender notice was issued and the bid of the present appellant was accepted by in relation to 4th tender notice came to be dismissed. Subsequently, however, respondent was eligible and qualified, SAIL had obliged the present appellant by canceling the process of 4th tender notice considering other bidders ineligible and unqualified. He, hence, filed Review Petition. In Review Petition, the Court was convinced that the grievance voiced by respondent No. 2 was correct and the action of SAIL was wholly illegal and improper. Review Petition was, therefore, allowed and SAIL was directed to reconsider the Tender Notice by treating the respondent No. 2 as eligible and qualified. Even observations were made by the High Court against the conduct of officers of SAIL. The said order was challenged by SAIL as also by the appellant but this Court did not interfere. 4th Tender was thereafter considered. Notices were given to all bidders including the appellant. The bid of respondent No. 2 was accepted and the work was entrusted to him. It is, therefore, submitted that the appellant has no reason or ground to make grievance against that action and the appeal filed by him is liable to be dismissed.