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2. Petitioners are aggrieved by communication dated 26.11.2019 issued by the respondents, by which the technical bid of the petitioners stand rejected.

3. With the consent of the parties, the writ petitions are set-down for final hearing and disposal at the admission stage itself.

4. In the year 2015, respondent No.1 issued an invitation for pre- qualification dated 22.12.2015 bearing ICB no. HQ/SYS/EC/D- B/Dadri-Khurja for procurement of Design, Supply, Construction, Installation, Testing and Commissioning of 2x25kV AC Electrification, Signalling & Telecommunication, E&M and Associated works on Design-Build Lump Sum Basis for Dadri-Khurja section (approximately 47 Route Km of Double Line) of Eastern Dedicated Freight Corridor ('project' for short). For completeness it may be noted that the length of the stretch of road in the other two petitions is 175 km for Sahnewal-Pilkhani and 220 km for Khurja- Pilkhani respectively.

5. Petitioner No.1 responded to this invitation on 25.05.2016. On 13.06.2017 the petitioner was informed that the consortium was pre- qualified for the project. The tender process which commenced on 22.12.2015 continued between the period 2016 to 2019 and it is not necessary to explain in detail the process, except to say that petitioner No.4 addressed a communication to respondent No.1 on 05.06.2018, which reads as under:-

WPC12857/2019, 12868/2019 & 12869/2019 page 4 of 28 " Madrid, June 5th, 2018 Dedicated Freight Corridor Corporation of India. Ltd. (DFCC) 5th Floor, Pragati Maidan, Metro Station Building Complex New Dehll- 110001 Ref: Transfer of contracts from Siemens, S.A, to Siemens Mobility, S.L.U Dear Sir, We make reference to the Public Tender for the "Design, Supply, Construction, Installation, Testing and Commissioning of 2x25kV AC Electrification, Signalling & Telecommunication, E&M and Associated Works on Design-Build Lump Sum Basis of Dadri- Khurja Section (approximately 47 Route Km of double Line) of Eastern Dedicated Freight Corridor", ICB No.: HQ/SYS/EC/D-B/ Dadri-Khurja, announced on June 14th, 2017.
"No.: HQ/S&T/EC/DER-KRJ/Eval./91/Part-IV Date. 26.11.2019 Consortium of Siemens Ltd. India, Siemens SA Spain and Siemens AG Germany Birla Aurora, Level 21, Plot no. 1080, Dr. Annie Besant Road, Worli, Mumbai 400030 (Kind Attention, Mr. Anupam Arora & Mr. Puneet Mehra) Sub: Design, Supply, Construction, Installation, Testing and Commissioning of 2x25kV AC Electrification, Signalling & Telecommunication, E&M and Associated Works on Design-Build Lump Sum basis for Dadri-Khura section (approximately 47 Route km of double line) of Eastern Dedicated Freight Corridor (CP 105).

12. Learned senior counsel for the petitioners has placed reliance upon a decision rendered by a Division Bench of this court in the case of Consortium of Alstom Transport India Ltd. & Alstom Transport S.A. & Anr. vs. Dedicated Freight Corridor Corporation of India Ltd. & Anr. reported as 2017 SCC Online Del 10132. Para Nos. 4, 16, WPC12857/2019, 12868/2019 & 12869/2019 page 11 of 28 18, 20, 25 and 28 of this judgment are relied upon and these paras read as under:-

"4. The facts are that both the Petitioners formed a consortium. Alstom Transport (India) Ltd was incorporated on 21.04.1997. In the year 2002, due to restructuring in the Alstom Group, another Alstom Group Company, namely Alstom Power India Ltd (incorporated in 1992) filed a petition before this Court for amalgamation of Alstom Transport (India) Ltd, Alstom Systems Ltd and Alstom Power Boilers Ltd with Alstom Power Ltd., which was allowed by the Court by its order, dated 31.10.2002.Thereafter, Alstom Power India Ltd changed its name to Alstom Projects India Ltd ("APIL"), which was recorded by the Registrar of Companies, and a fresh certificate of incorporation was issued on 11.11.2002. In 2012, APIL further changed its name to Alstom India Limited ("AIL") vide fresh Certificate of Incorporation dated 06.06.2012, which was issued consequent upon the change of name of the company. It is stated that in 2011, the Alstom Group, as a business decision, decided to have a separate company to carry out its transportation business and also set up a Rolling Stock Manufacturing Unit at Sri City, Andhra Pradesh to manufacture Metro Cars for the Chennai Metro and consequently incorporated a new company in the name of Alstom Transport India Limited i.e. the second petitioner ("ATIL") on19.01.2011."