In Brief
Maharashtra State Power Generation Company floated a tender for coal transportation, requiring bidders to obtain consent from a private siding operator (Vimla Infrastructure). The petitioner challenged this requirement as arbitrary and discriminatory. The High Court granted interim relief allowing participation without the NOC, but ultimately dismissed the petition. The Supreme Court dismissed the special leave petitions, holding that tender authorities have freedom to prescribe eligibility criteria unless arbitrary or mala fide. Since clause 1.12(V) was applied uniformly to all bidders, had valid justification, and involved modified terms with extended deadlines, the High Court's decision was justified.
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