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22.24 Significantly, these subsequent developments, which occurred during the pendency of the matter before the Hon'ble Supreme Court, were unfortunately not brought to the attention of the Hon'ble Supreme Court by the parties thereto. It is settled law that Court does take into account subsequent events to do complete justice.

22.25 In terms of the Order of the Hon'ble Supreme Court, the contesting Respondents are now bound to procure the Requisitioned Capacity of 1000 MW (+/- 10%) under the Tender (RFP) issued on 28.5.2012. The Order of the Hon'ble Supreme Court arises out of this Tender and is a culmination of the disputes raised by these Respondents, who wrongly sought to (23 of 83) [CW-14815/2020] curtail/reduce the procurement quantity to 500 MW. These Respondents cannot be allowed to take advantage of their own wrong by not allocating LOIs and signing PPAs, for procurement of an aggregate capacity of 1000 MW being the Requisitioned Capacity under the RFP. This is also generically referred to as the "bucket filling mechanism" i.e. the bucket needs to be kept filling up till the Requisitioned Capacity is fulfilled. 22.26 Since L-3 and L-4 are not in a position to supply, the quantity of 300 MW released on account of incapacity of L-3 and L-4 to supply must therefore, be allotted amongst other qualified bidders. Applying the provisions of Clause 3.5.4 and Clause 3.5.6 ([pg. 239 of the writ petition]), the selection process stands completed ONLY once the Requisitioned Capacity has been achieved. With L-3 and L-4 now being out of the race, it means that the remaining 300 MW must be allocated between the remaining qualified bidders i.e., L-6 to L-10. It is understood that L-6, who offered to supply 100 MW, is also presently not in a position to supply. The Petitioner is L-7 and has, at all times, and is ready and willing to supply 200 MW.

23.21 That the writ petition is also not maintainable in view the fact that tender process stand completed in view of judgment of the Hon'ble Apex Court dated 25.04.2018. Once the selection process stood completed that too under the order of the Hon'ble Apex Court, same cannot be reopened by filing a writ petition in this Court. Attempt on part of the petitioner to file this writ petition amounts to seeking the modification of the order passed by the Hon'ble Supreme Court dated 25.4.2018, which is not permissible even to respondent No.7. He relied upon K.P. Dwivedi v. State of U.P.: (2003) 12 SCC 572 Para 11-13.

65. Further, in view of the Order passed by the Hon'ble Supreme Court on 25th April, 2018, dehors the actual situation of other successful bidders not being in position to supply power, it cannot be said that the selection process so far as mandated under clause 3.5.4 and 3.5.6 of the RFP dated 28th May, 2012 stood completed forever. We are unable to agree with the contention raised by the Learned Advocate General in this regard. This Court holds that the direction issued by the Hon'ble Supreme Court was for the procurement of the Requisitioned Capacity of aggregate quantity of 906 MW. Further, the said procurement was to take place in accordance with Clause 3.5 of the RFP. When the Respondent No. 2 rejected the bid of L5 in June, 2018 itself on account of the price not being market aligned, the question for consideration of the other bids was not considered at all. This Court holds that the selection process even till June, 2018 was open in view of the bid of L5 being rejected as not being market aligned. Accordingly, the argument raised by the Learned Advocate General that the bidding process was complete in the year 2013 itself cannot be sustained at all.