Hira Power And Steel Ltd. v. Steel Authority Of India & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17461/2024 CM APPL. 74259/2024 HIRA POWER AND STEEL LTD.

.....Petitioner Through:

Mr Rajshekhar Rao, Sr Advocate with Mr Abhinav Kardekar, Mr Pallav Mongia, Mr Ayush Singh Solanki, Mr Shasank Dwivedi, Mr Amritesh Krishna, Mr Anubhav Mishra, Advocates.

versus STEEL AUTHORITY OF INDIA & ANR.

.....Respondents Through:

Mr Jayant Mehta, Sr Advocate with Mr Samaksh Goyal and Ms.Tina Aneja, Advocates for R1.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 23.12.2024 1.

The petitioner has filed the present petition, inter alia, impugning the eligibility criteria as set out in the tender floated by respondent no.1/Steel Authority of India (hereafter the SAIL) for procurement of 5000 MT of Low Carbon Ferro Manganese (LCFM) for Rourkela Steel Plant. 2.

According to the petitioner, the eligibility criteria as set out in the Notice Inviting Bid No.GEM/2024/B/4986777 (dated 28.05.2024 issued on GeM portal) is palpably arbitrary inasmuch as it permits the entities who are non-manufacturers of LCFM to participate in the bid. 3.

It is the petitioner's case that the said condition is arbitrary as the manufacturers of LCFM are required to meet stringent standards and permissions to manufacture LCFM, including environmental permissions. Thus, permitting traders to participate in the bidding process, effectively The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:27:28

enables persons to subvert the strict pollution norms that have been imposed for manufacturing the product in question.

4.

The respondent has filed an affidavit confirming that only three bids are being considered as responsive and all of the three bidders are manufacturers of LCFM.

5.

It is also relevant to note that the petitioner had voluntarily withdrawn from the said bid process.

6.

In view of the above, the petitioner's grievance that nonmanufacturers may be awarded the contract for supply of LCFM does not survive. Accordingly, the petition is dismissed. Pending application is also disposed of.

VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 23, 2024 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:27:28