Arijit Banerjee JUDGMENT
Arijit Banerjee, J.
1. A Notice Inviting Tender (in short 'NIT') dated 06.06.2016 was issued by Eastern Coalfields Limited (in short 'ECL') for supplying and laying of Tarfelt, removal of old Tarfelt and grading for water proofing treatment for three years in respect of staff quarters of ECL. The appellant/writ petitioner submitted its bid. Its technical bid was rejected by the Tender Committee. The appellant challenged the tender process claiming that its technical bid was wrongfully rejected by the ECL Authorities. Being satisfied that a prima facie case had been made out the learned Single Judge passed an interim order dated 13 January, 2017 restraining ECL from proceeding any further with the subject tender until disposal of the writ application. Direction was given for exchange of affidavits.
2. The said interim order was carried in appeal before the Division Bench. The appeal was dismissed by a judgment and order dated 30 June, 2017.
3. Subsequently ECL filed an application before the learned Single Judge being CAN 9049 of 2017 praying for leave to issue a fresh tender in supersession of the tender notice impugned in the writ petition. By a judgment and order dated 3 November, 2017 the learned Single Judge allowed the said application permitting the ECL Authorities to cancel the tender impugned in the writ petition and to proceed with fresh tender. The writ petitioner was granted liberty to participate in the fresh tender process. The application and the writ petition were both disposed of by the said order. Being aggrieved by the said order, the writ petitioner is before us by way of the present appeal.
4. Pursuant to the leave granted by the learned First Court, ECL floated fresh tender. The private respondent is the successful bidder. The writ petitioner did not participate in the fresh tender process.
5. Mr. Abhijit Chatterjee, learned Sr. Advocate appearing for the appellant drew our attention to Clauses 22.1 to 22.7 of the earlier NIT which read as follows:-
"22.1 Reverse Auction will be initiated after opening of price bids, as detailed above in case of normal tenders.
22.2 There will be no participation fees for e-Reverse auction.
22.3 Upon opening of the price bids, a reverse auction platform will be created, displaying only the item wise L1 price received. No indication will be available in the portal to anybody regarding number of bids and names of the bidders.
22.4 System displays L1 landed price automatically in auction creation form and allows TIA to edit the value as 'start bid' price. L1 price will be the start bid price for tenders for goods. The BOQ shall be designed taking into consideration CENVAT Credit, VAT set off etc., as applicable, so that it is reflected in the landed price.
22.5 The L1 price/start bid price is landed/cost to the company price on which the auction will be initiated. At the end of reverse auction, the L1 bidder has to submit break up of prices conforming to the lowest landed rate quoted by him in the reverse auction.
22.6 The Reverse Auction will start within 2 hours of opening of bids. The reverse auction schedule will be intimated through SMS and e-mail by the e-procurement system. However, bidders are requested to check the details in dash board in the 'MY AUCTION' or 'live Auction List' tab.
22.7 The L1 bidder after the reverse auction has to upload the breakup of Landed Prices in the confirmatory documents. The detailed Break-up of offered landed price, uploaded by the bidder shall be considered and order, if placed, shall be with the same break-up of prices. The L1 bidder after reverse auction will be responsible to ensure that the landed rate as per the breakup of prices provided by him after the reverse auction and the L1 l........