Adhunik Power & Natural Resources Limited & Anr. v. Union Of India & Ors.

Debangsu Basak, J.:— Leave is granted to move the writ petition as “Unlisted Motion” in view of the urgency pleaded.

2. The petitioner assails a tender process. Essentially, the petitioner seeks extension of time to submit documents in the tender process.

3. The respondent no. 2 had invited an expression of interest for auction of coal linkages for Independent Power Producers (IPPs) having already concluded long term Power Purchase Agreements (PPAs). He refers to a notice inviting registration issued by the Coal India Limited and submits that by a notice dated May 22, 2017 issued by the Ministry of Coal, registration, oif (IPPs) were invited. The time to register was subsequently extended from August 7, 2017 to August 14, 2017. He refers to the request for submission of expression of interest for auction of coal linkages and submits that, the time period for the purpose of submitting the documents required under such tender process is too short for the petitioner to obtain all of the same, file the same in electronic form and also obtain a hard copy to be filed in accordance with the tender conditions. He submits that, the petitioner, amongst others, is required to submit a certificate from power distribution companies that, the petitioner supplies power to such power distribution companies. He submits that, the petitioner supplies power to three different distribution companies and that one of them is located at Ranchi, Jharkhand and the other at Chennai, Tamil Nadu and the third one is at Kolkata, West Bengal. The tender documents were uploaded in the internet on August 4, 2017 requiring the participants to submit such documents in electronic form as well as in hard copy by August 14, 2017. He submits that, in view of the holidays declared by the Government, the petitioner is having four working days to obtain such necessary documents. These documents are essential for the purpose of sustaining the bid of the petitioner in the tender process. He seeks an extension of time to do so till August 19, 2017. He submits that, if such time is granted, the petitioner will stand a reasonable chance for obtaining certificates and uploading the same. He submits that, the petitioner is in the power generation business for the last five years. The petitioner generates thermal power. Coal is essential for generation of such power. The linkage through the tender process is essential and imperative for the sustenance of the business of the petitioner. Therefore, a fair opportunity should be afforded to the petitioner to participate in the tender process.

4. The respondent no. 1 and the respondent nos. 2 and 3 are represented.,

5. The learned senior advocate for the respondent nos. 2 and 3 submits that, the entity undertaking the tender process has not been made the party respondent. He submits that MSTC is the organisation which is undertaking the tender process. He leaves the prayer for extension of time as made by the petitioner to the discretion of the Court.

6. It appears that, the respondent no. 2 has invited and requested for submission of expression of interest for auction of coal linkages for IPPs having already concluded long-term PPAs. Apparently, the petitioner claims that, it has in its favour a long-term PPA. It seeks to participate in the expression of interest. Clause 2.1 and the request for submission of expression of interest requires the petitioner to upload on the electronic platform, duly executed and stamped Expression of Interest in the format set out in Annexure-1, no later than the timeline as may be prescribed. The time limit prescribed is August 14, 2017. Annexure-I requires the petitioner to produce a letter from the respective electricity distribution companies for each Specified End Use Plant in the format set out in Appendix II of the tender documents. Clause 2.2 requires the petitioner to submit documents for Shakti scheme auction no later than the timeline as may be prescribed. The timeline prescribed for such purpose is August 14, 2017.

7. Expression of Interest was uploaded on the internet on August 4, 2017. August 5, 6 and 7 were holidays as they were Saturday, Sunday and Monday being declared as public holiday on account of Raksha Bandhan.

8. Essentially, the petitioner has five working days to submit the documents taking into account August 14, 2017 itself. In view of the nature of the documents required and in view of the fact that, the End Users are located in three different locations in the Country, it would be appropriate to extend the time for submission of such documents till August 19, 2017. The respondent no. 2 is requested to make necessary publication in its website to such effect. The respondent no. 2 is also requested to inform the MSTC which is conducting the auction of this direction. The respondent no. 2 and MSTC are requested to carry this extension in the relevant documents at their website so that the public at large is made aware of this extension. In the facts of the present case, it would be appropriate to request the respondent nos. 4 and 5 to issue the necessary certificate as sought for by the petitioner, in accordance with law, as expeditiously as possible and in a manner so that the petitioner is well-placed to comply with the time schedule in the tender process.

9. In view of the directions issued, it would be prudent to dispose of the writ petitioner.

10. W.P 21583 (W) OF 2017 is disposed of without any order as to costs.

11. Since the Court has not called for any affidavits, the allegations made in the writ petition are deemed to be denied by the respondents.

12. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.