because the petitioner has not been
permitted to participate in the reverse auction on the ground that its bid is in
WP(C) 4575/2016 ... view that
the refusal of permission to participate in the reverse auction was contrary
to the above mentioned instruction to bidders. What weighed with
Commercial Bid and Envelope-II: Price Bid). There was stipulation for
Reverse Auction from the eligible bidders. It was also stated in the
Invitation
auction for the
regulated power sector is by way of reverse auction and this
mode cannot be applied to the non-regulated captive power
plants ... behind this. The auction process for independent power
plants is reverse bidding whereas the auction process for captive power
plants is forward bidding. Therefore
Commercial Bid and Envelope-II: Price Bid). There was
stipulation for Reverse Auction from the eligible bidders. It was
Signature Not Verified
Digitally signed
7726/2016 Page 1 of 26
bids opening and the reverse auction qua the bid for development and
operation of the aforementioned Coal Block ... Envelope-1:-
Techno-Commercial Bid and Envelope-II: - Price Bid) with Reverse
Auction.
3. The issue in controversy between the parties is as to whether
learned senior counsel appearing for the
respondent-Corporation, submits that the reverse auction,
pursuant to the price bid opening, shall not be conducted till
execution of his
own decree which is afterwards modified
or reversed, and an auction purchaser
who is not party to the decree. Where the
purchaser ... principle of law
that in a third party auction purchaser's
interest in the auctioned property
continues to be protected notwithstanding
that the underlying
deposited in the District Panchayat.
Granting of such rights would be through auction.
5. The petitioner points out that such policy was continued from
time ... such 113
blocks for the purpose of holding public auction, the
Corporation suddenly reversed its policy and withdrew 18 out
Page
conducting auction which would include
obtaining valuation and fixing upset price,
some of the important stages of sale by
auction of any movable or immovable ... root of the matter his right to question the
very auction on such basis would certainly
arise when the Recovery Officer proceeds on
such defective
decree holder, purchased the
said property in the auction as his bid in the sum of
Rs.12,60,000/- was found ... However, in appeal filed by the auction
purchaser against that order, the High Court vide the impugned
judgment reversed the order of the Trial Court
