Udangudi project: HC rejects consortium’s plea
Court allows Tangedco to give tender to BHEL, but refuses to award compensatory costs
The Madras High Court on Thursday dismissed a writ petition filed by CSEPDI-TRISHE, a consortium of Chinese Stateowned company Central Southern China Electric Power Design Institute and an Indian private company Trishe Energy Infrastructure Services, seeking a direction to the Tamil Nadu Generation and Distribution Corporation (Tangedco) to award a tender to it for the 2 X 660 MW Udangudi Supercritical Thermal Power Project.
Rejecting the petition pending in the court since 2015, Justice K. Ravichandrabaabu permitted Tangedco to go ahead with the process and award the tender to Bharat Heavy Electrical Limited (BHEL).
He, however, refused to award compensatory costs to Tangedco, since the petitioner consortium had approached the court immediately after the tender was floated in 2015 and the process could not be finalised only because of interim orders passed by the court.
Holding that Tangedco had rightly rejected petitioner’s bid, the judge said: “It is evident that the petitioner (consortium) have not conducted themselves fairly and strictly in accordance with the terms and conditions of the tender more particularly by not complying with furnishing of mandatory requirements/details in Cover B. Instead, it is evident that the petitioner had furnished vital information only by way of supplementary bid after opening of the Cover A of both parties.
“Therefore, this court finds that the petitioner has certainly played an unfair game with hidden agenda... It is also evident that the petitioner wanted to know the other side story first before ever they could tell their story so as to enable them to alter their story in order to suit the requirement of the Tangedco. Therefore, I find that the decision to reject the petitioner’s tender was rightly taken by the respondent Corporation with which I find no mala fide, illegality, arbitrariness or unreasonableness,” the judge said.