Chandka 1 WP-2645-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2645 OF 2010 Punj Lloyd Limited ..Petitioner versus Oil & Natural Gas Corporation Ltd. & Ors. ..Respondents Mr. I. M. Chagla, Sr. Advocate with Mr. Sanjay Jain i/b. Mr. Nivit Srivastava for Petitioner. Mr. D. J. Khambata, Sr. Advocate with Mr. Nishit Dhruva, Mr. Avinash Gautama and Ms. Swati Deshpande i/b. M. Dhruve & Partners for Respondent No. 1. Mr. M. P. Rao, Sr. Advocate with Mr. H. K. Sudhakar i/b. M/s. Khaitan & Co. for Respondent No. 3. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 07 February 2011. P.C. : The issue in these proceedings is as to whether the Petitioner is entitled to a price preference in the award of a contract by the First Respondents for laying a submarine pipeline. During the course of the hearing, it is common ground between the learned counsel that no final decision has been taken by the First Respondents. As a matter of fact, in prayer clause (b), the direction that is sought is that the Independent External Monitor should be directed to provide the Petitioner the material which was relied upon by the Third Respondent, who is a competing bidder, Chandka 2 WP-2645-10 including the complaint, if any, that was filed. 2. At the hearing of these proceedings, the learned Additional Solicitor General has stated before the Court that the Independent External Monitor (IEM) has already submitted its recommendation on 1 December 2010. The Court is informed that the IEM is a non binding mechanism and following the receipt of the recommendation, the entire issue would be considered by the Tender Purchase Committee in the first instance and thereafter by the Executive Purchase Committee. The learned ASG has stated that there is no objection to the Petitioner being allowed to place whatever material that it may wish to place and which would have a bearing on the issue of price preference, before the Tender Purchase Committee. The learned ASG has also stated that a copy of the recommendation of the IEM would be supplied to the Petitioner forthwith. The learned ASG states, on the request made by the learned counsel for the Third Respondent that the recommendation of the IEM and a copy of the material that may be placed by the Petitioner shall also be furnished to the Third Respondent. 3. In these circumstances having due regard to the consensus that has emerged at the hearing, this Petition is disposed of by a direction to the effect that: Chandka 3 WP-2645-10 (i) A copy of the recommendation made by the IEM shall be supplied to the Petitioner as expeditiously as possible and in any event within a period of one week from today; (ii) The Petitioner would be at liberty to furnish to the First Respondent such further material that may have a bearing on the recommendation of the IEM and on the question as to whether the Petitioner is entitled to a price preference under the tender condition. The Tender Purchase Committee while considering the report of the IEM would be at liberty to have due regard to the additional material which may be produced by the Petitioner. (iii) A copy of the material to be supplied by the Petitioner under (ii) above will be supplied to the Third Respondent by the First Respondent. Petition is accordingly disposed of. No other submission is urged by counsel on either side. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)