HC refrains from setting aside Tangedco’s ₹1,330-cr. tender for supplying imported steam coal
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Judge permits the utility to proceed with the method after publishing the notification in Indian Trade Journal
The Madras High Court on Wednesday refrained from setting aside a ₹1,330 crore tender floated by the Tamil Nadu Generation and Distribution Corporation (Tangedco) on February 8 for provide of 20 lakh tonnes of imported steam coal of any origin to be delivered on the Kamarajar port in Ennore between May 2021 and May 2022.
Justice B. Pugalendhi, nevertheless, directed Tangedco to strictly adjust to Section 9(3) of the Tamil Nadu Transparency in Tenders Act, 1998, and publish the tender notification in Indian Trade Journal, an ordinary medium for public commercials, so {that a} better variety of home and worldwide bidders may take part within the course of and quote aggressive costs.
Though Tangedco had initially given solely 15 days for submitting the bids as towards the statutory requirement of a minimal of 30 days for such high-value tenders, the choose recorded the submission of Advocate-General Vijay Narayan and Additional Advocate- General P.H. Arvindh Pandian that the final date had now been prolonged until March 10.
Rush-through course of
The choose recorded Mr. Narayan’s submission that Tangedco needed to rush via the method by initially giving simply 15 days for submitting bids as a result of it needed to consider the requirement of coal by the thermal energy vegetation throughout summer season and in addition the code of conduct that must be noticed on account of the Assembly election.
The Advocate-General additionally informed the court docket that what was being imported was simply 6% of the requirement of the thermal energy stations within the State, and the imported coal was truly combined with about 180 lakh tonnes of home coal, procured from Indian coal corporations, to realize a sure calorific worth.
Concurring with the regulation officers that Tangedco should be ready to satisfy the vitality necessities throughout summer season, the choose granted liberty to the ability utility to method the Election Commission of India for permission to maneuver ahead with the method if the code of conduct got here into drive earlier than the finalisation of the tender.
The orders have been handed whereas the court docket disposed of writ petitions filed by two personal corporations — one primarily based in Thoothukudi and the opposite in Indonesia.
The corporations had challenged the tender notification on the grounds of Tangedco not having given 30 days’ time for submitting bids and its failure to publish the notification in Indian Trade Journal as mandated beneath the 1998 Act.
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