WP(C) 1187/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. G.N. Sahewalla, learned Sr. counsel assisted by Miss K. Kalita , learned counsel for the petitioner as well as Mrs. M. Hazarika, learned Sr. co unsel assisted by Mr. J. Roy, learned counsel appearing for the respondent Nos.1 to 4 and Mr. N. Choudhury, learned counsel appearing for the respondent No.5. The petitioner by the present petition has challenged the notice invitin g tender dated 07.02.2011 issued by the respondent Corporation for supply of Alk aline Sizing Chemicals with Alkyl Ketene Dimer (AKD), on the ground that the aut hority in the said tender notice has informed all concerned that input tax credi t against VAT shall not be considered in calculating the rates offered by differ ent tenderers, while giving CENVAT or input tax credit against excise duty. Mrs. Hazarika, learned Sr. counsel appearing for the respondent Corporat ion has submitted that in terms of the interim order passed on 05.04.2011 allowi ng the respondents to open the price bid, the respondent Corporation has opened the price bid and found the petitioner to be the L1 and the work order would be issued in favour of the petitioner. Since pursuant to the said tender process initiated by the respondent Co rporation, the petitioner is found to be the L1 and eligible for settlement, the question raised in the present petition is not required to be gone into. Hence the writ petition stands closed. It is, however, made clear that the question raised in the present writ petition having not been gone into, it is open to the petitioner to raise such p lea in the subsequent proceedings if the occasion so arises. The writ petition is accordingly closed. No costs.