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(ii) The Petroleum & Natural Gas Regulatory Board (the Respondent herein) published the bid on 23.10.2008 for the grant of authorization for laying, building, operating etc. for the city gas distribution network in respect of 6 cities including Meerut and Sonepat.

(iii) On 03.11.2008, the Respondent Board issued a bid document providing for the various qualifications to bid for getting the authorization in respect of those cities. The bid submission date was also fixed. A total of 46 bids were sold to 21 entities. The Indraprastha Gas Ltd., the Appellant herein, has purchased two bids on 06.11.2008 for the areas Meerut and Sonepat.

(ii) The setting off criteria of net worth is mainly to ensure that the infrastructure for the transport and distribution of the natural gas is developed as expeditiously as possible so that the gas or fuel reaches all the targeted customers in the most efficient and effective manner. If a company has undertaken another project in some other city like Delhi, his net worth at Delhi should not be taken into account for deciding the net worth to undertake the similar project in Meerut or Sonepat as the Board feels that the project in question would suffer due to lack of funds. This Clause was introduced only to ensure timely development of city gas distribution network in that particular area.

5. The Appellant has sought for quashing the bid document Clause No. 1.4.2.1(b) dated 3/11/08 and also for quashing the letter issued by the Board on 26/2/09.

6. The main ground on the basis of which the above prayers have been sought for by the Appellant is that the bid condition providing for setting off net-worth of the Appellant invested in his CGD project in Delhi would affect his right of participating and being a successful bidder in the bid initiated by the Board in respect of the two cities viz. Meerut and Sonepat.

16. As a matter of fact, the bid document was issued on 3/11/08. It was informed through the publication that the last date for sale of bids was 22/2/09 and the last date for submission of bids was 3/3/09. These bids are with reference to the CGD programme in six cities. On coming to know of the above sale of bids, the Appellant purchased two bids for two cities viz. Meerut and Sonepat on 6/11/08. After submission of the said bid document to the Board, the Appellant sent letters dated 11/2/09 and 23/2/09, seeking a clarification of the condition imposed in Clause 1.4.2.1(b) with a request that the criteria for setting off the net worth should not be made applicable to IGL, the Appellant. Since a positive response was not shown by the Respondent, the Appellant has filed the Appeal challenging the bid document on the ground that the bid condition imposed by the Board would affect his bidding prospects in the projects in question.