Overseas Infrastructure Alliance(India)Pvt Limited v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023 CORAM: JUSTICE N.SESHASAYEE W.P.Nos.22890, 22983, 22985, 22989, 22992 & 22994 of 2023 & WMP.Nos.22370, 22372, 22476, 22477, 22480, 22481, 22484, 22485, 22487, 22488, 22489 & 22490 of 2023 Overseas Infrastructure Alliance (India) Private Limited, Rep. by its Authorized Representative, Vinod Chaturvedi, 501, OIA House, 470, Cardinal Gracious Road, Andheri East, Mumbari 400 069.
...Petitioner in all WPs
-Vs1.The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited (TANGEDCO) 10th Floor, 144 Anna Salai, Chennai 600 002.
2.O/o.The Chief Engineer/IT & RAPDRP/ TANGEDCO, 6th Floor, Western Wing, NPKRR Maaligai, Anna Salai, Chennai, Tamil Nadu - 600 002.
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3.Director/Distribution, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
...Respondents in all WPs
Prayer in W.P.No.22890 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Tiruppur District under the Revamped Reforms-based and Results-linked, Distribution Section Scheme in Specification No.CE/IT&RAPDRP No.06/2023-24, Package 3, without insisting to pay the Earnest Money Deposit of Rs.2,36,00,000/-, by adjusting the amount of Rs.2,36,00,000/- paid towards EMD as per Bid Number 677833 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.11/2022-23; Package 3 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent. Prayer in W.P.No.
22476 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Thanjavur, Nagapattinam, Mayiladuthurai and Thiruvarur Districts under the Revamped Reforms-based and Results-linked, Distribution Sector Scheme in Specification No.CE/IT&RAPDRP No.08/2023-24, Package 9, without insisting to pay the Earnest Money Deposit of Rs.
by adjusting the amount of Rs.2,64,00,000/- paid towards EMD as per Bid Number 683055 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.17/2022-23; Package 9 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent. Prayer in W.P.No.22985 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Dindugal, Madurai, Ramnad, Sivaganga and Theni Districts under the Revamped Reformsbased and Results-linked, Distribution Sector Scheme in Specification No.CE/IT&RAPDRP No.07/2023-24, Package 7, without insisting to pay the Earnest Money Deposit of Rs.2,53,00,000/-, by adjusting the amount of Rs.
2,53,00,000/- paid towards EMD as per Bid Number 692617 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.15/2022-23; Package 7 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent. Prayer in W.P.No.22989 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Thiruvannamalai Districts under the Revamped Reforms-based and Results-linked, Distribution Sector Scheme in Specification No.
No.11/2023-24, Package 12, without insisting to pay the Earnest Money Deposit of Rs.2,65,00,000/-, by adjusting the amount of Rs.2,65,00,000/- paid towards EMD as per Bid Number 681269 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.20/202223; Package 12 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent.
Prayer in W.P.No.22992 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Trichy, Perambalur, Ariyalur and Pudukkottai Districts under the Revamped Reforms-based and Results-linked, Distribution Sector Scheme in Specification No.CE/IT&RAPDRP No.09/2023-24, Package 10, without insisting to pay the Earnest Money Deposit of Rs.2,51,00,000/-, by adjusting the amount of Rs.2,51,00,000/- paid towards EMD as per Bid Number 685444 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.18/2022-23; Package 10 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent. Prayer in W.P.No.22994 of 2023: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to evaluate the Petitioner's bid for development of Distribution Infrastructure for Loss reduction in Dharmapuri and 4/7
Kallakurichi Districts under the Revamped Reforms-based and Resultslinked, Distribution Sector Scheme in Specification No.CE/IT&RAPDRP No.10/2023-24, Package 11, without insisting to pay the Earnest Money Deposit of Rs.2,65,00,000/-, by adjusting the amount of Rs.2,65,00,000/- paid towards EMD as per Bid Number 691886 submitted by the petitioner in previous cancelled tender in CE/IT&RAPDRP NO.19/202223; Package 11 based on the Petitioner's representation dated 03.07.2023 sent to the 2nd Respondent.
In all WPs For Petitioner : Mr.N.L.Raja, Senior Counsel Asst. by. Mr.S.Senthil For RR1 to 3 : Mr.D.R.Arunkumar, Standing Counsel for TNEB COMMON ORDER The respondent TANGEDCO was given two options in paragraph no.7 of the order of this Court dated 03.08.2023. This Court is informed that as mandated the TANGEDCO has complied with one of the two options provided.
2.The order of this Court dated 03.08.2023 has been complied with and accordingly, these Writ Petitions are closed. No costs. Consequently, the 5/7
connected miscellaneous petitions are closed. 07.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The Chairman, Tamil Nadu Generation and Distribution, Corporation Limited (TANGEDCO) 10th Floor, 144 Anna Salai, Chennai 600 002.
2.O/o.The Chief Engineer/IT & RAPDRP/ TANGEDCO, 6th Floor, Western Wing, NPKRR Maaligai, Anna Salai, Chennai, Tamil Nadu - 600 002.
3.Director/Distribution, TANGEDCO, 144, Anna Salai, Chennai - 600 002.
N.SESHASAYEE, J., Tsg 6/7
Order made in W.P.Nos.22890, 22983, 22985, 22989, 22992 & 22994 of 2023 07.08.2023 7/7