RAM KRIPAL SINGH CONSTRUCTION PVT. LTD. vs INDIAN OIL CORPORATION LTD. & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 08.05.2025 Judgment delivered on: 22.05.2025 + W.P.(C) 6153/2025 & CM APPL Nos.28026-27/2025 RAM KRIPAL SINGH CONSTRUCTION PVT LTD ...Petitioners versus INDIAN OIL CORPORATION & ORS. ....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Jayant Bhushan, Senior Advocate with Mr. Amit Pawan, Mr. Hassan Zubari Waris, Ms. Aastha Shrestha and Ms. Shivangi, Advocates. For the Respondents : Mr. Rajeev Sharma, Senior Advocat with Ms. Reeta Mishra, Mr. Abhishek Birthray, Mr. Kartikeya Tripathi, Ms. Shreya Sharma and Mr. Nishant Kandpal, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. An interesting issue has arisen in the instant writ petition, in that, can a non-party to a Notice Inviting Tender (hereinafter referred to as “the NIT”), challenge a clause therein and seek a writ of certiorari for quashing of the same; and simultaneously, seek a writ of mandamus for directing the respondent not to get the works completed at the risk and consequence of the said non-party. Signature Not Verified Digitally Signed W.P.(C) 6153/2025 Page 1 of 16 By:MADHU SARDANA Signing Date:22.05.2025 15:40:06 2. The case of the petitioner is that it was awarded a contract for infrastructure/capacity expansion project by respondent no.1/Indian Oil Corporation Limited (hereinafter referred to as “the IOCL”) for “Piling, Civil, Structural works alongwith associated area development and enabling works for inter-connection pipe rack (PKG 1) for capacity expansion (To 9.00 MMTPA) project of Barauni refinery of Indian Oil Corporation Limited at Barauni, Bihar” & “Piling, Civil, Structural works alongwith associated area development and enabling works fo