High CourtsSingle Bench(2024) 02 MEG CK 0002

Apraava Energy Private Ltd. & Anr. vs Meghalaya Power Distribution Corporation Ltd.

Meghalaya High Court · Decided on 5 February 2024

HON’BLE JUDGES
H.S. Thangkhiew, J
CASE NUMBER
Miscellaneous Case [Writ Petition (C)] No. 11 Of 2024 In Writ Petition (C). No. 337 Of 2023

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Judgment

6 paragraphs · 216 words

H.S. Thangkhiew, J

An objection/affidavit to MC.[WP(C)]. No. 11 of 2024 has been filed by the respondent Corporation, wherein reasons have been set out with regard to recall of the old tender and stipulations of the REC which had occasioned the change in the tender conditions in the new tender, which the petitioner has alleged to be arbitrary and made with a view to oust them from the tender process.

It is further noted that the Misc. application is not exhaustive in its pleadings, as compared to the arguments made in this Court today.

It is true that this Misc. application will not be maintainable when a fresh cause of action arises, but however, in the present case, in view of the existence of earlier orders of this Court dated 13-10-2023 and 19-10-2023, when the matter was in the final stage of hearing, the matter deserves to be heard at length.

In this view of the matter, taking into consideration that the final submission of the fresh bids on the tender floated on 15- 01-2024 is on 07-02-2024, it is directed that the respondent Corporation shall extend the last date of acceptance of the fresh bids to 15-02-2024. The matter will be taken up and heard before the said date.

Accordingly, list this matter on 12-02-2024.