1 2025:CGHC:37133-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3989 of 2025 Caliber Mining And Logistics Limited Registered Office At MIDC Chandrapur Industrial Area, Plot No. B-38 B-48, Chinchala Village, MIDC (P), Chandrapur Maharashtra Through Its Power Of Attorney Holder Santosh N. Diwane, S/o Nilkanthrao Diwane, Aged About 38 Years, R/o Plot No. 656, Chitnis Nagar, Nagpur Maharashtra ... Petitioner versus 1 - South Eastern Coal Field Limited, Through The Chairman Cum Managing Director SECL Bhawan, Seepat Road, Bilaspur Chhattisgarh 495006 2 - General Manager (Contract Management Cell) South Eastern Coal Fields Limited, SECL Bhawan, Seepat Road, Bilaspur Chhattisgarh 495006 3 - Coal India Limited Through Its Chairman Cum Managing Director, Coal India Limited, Coal Bhawan, Compound No. 04 Mar, Plot No. AF III, Action Area 1A, Newtown, Rajarhat, Kolkata 700156 ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Prasoon Agrawal, Advocate For Respondents : Mr. Pankaj Singh, Advocate, on advance copy, SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.31 10:39:45 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Bibhu Datta Guru, Judge 30/07/2025 1. Heard Mr. Prasoon Agrawal, learned counsel for the petitioner. Also heard Mr. Pankaj Singh, learned counsel appearing for the respondents. 2. By way of the present writ petition, the petitioner is praying for the following reliefs :- “1] That, this Hon'ble Court may kindly be pleased to direct the Respondents to decide the representation of the petitioner sent via e mail dated 22.7.2025 whether the petitioner company can participate as Joint Venture ("JV") structured as Special Purpose Vehicle in the NIT bearing No. SECL/BSP/CMC/ RGH-COMP/e-T/25-26/GeM/180 dated 16.06.2025 and after successful bid the Joint Venture can be registered in the form of Private Limited Company. 2] That, this Hon'ble Court may kindly be pleased to direct the Respondents to allow the petitioner to participate in the NIT bearing No. SECL/BSP/CMC/ RGH-COMP/e-T/25-26/GeM/180 dated 16.06.2025 after deciding the representation of the petitioner dated 22.7.2025. 3] That, this Hon'ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.” 3. Facts of the case in brief is that the petitioner company is 3 engaged in the business of mining operators managing overburden removal, coal extraction and coal logistics together as an integrated services provider. The undertaking has been given by the petitioner company to the Securities Exchange Board of India (SEBI) that they will enter into any new business, contracts or joint ventures with a limited liability partnership registered under the Limited Liability Partnership Act, 2008 or a company registered as Private Company under the Companies Act, 2013 for the tenders/contracts applied from April 24, 2025 onwards. On 16.06.2025 respondent no.1 through respondent no.2 issued an E-Tender Notice bearing NIT No. SECL/BSP/CMC/RGH-COMP/e- T/25-26/GeM/180. The date of opening of bid is on 1.8.2025. The petitioner company wishes to participate in the Notice Inviting Tender through a Joint Venture ("JV") structured as Special Purpose Vehicle which will be registered in the form of Private Limited Company, in collaboration with another entity, with such desirable name as approved by the Ministry of Corporate Affairs, upon successful BID. In respect of the same several intimation has been done by the petitioner to the respondent company through e mail and letters. The reply has also been received from the respondent wherein they have not clearly stated as to whether the petitioner company after participation in the Notice Inviting Tender through a Joint Venture ("JV") structured as Special Purpose Vehicle will be allowed registered in the form of Private Limited Company, if they are the successful bidders. 4 4. Learned counsel appearing for the petitioner submits that the reply submitted by the respondents is unclear and confusing as they have not specifically answered the query of the petitioner company as to whether it can participate in the tender as Joint Venture structured as Special Purpose Vehicle in the form of Private Limited Company. He further submits that the petitioner company has already lost a chance to participate in the tender because of the confusion created by the respondent company resulting in huge loss to the petitioner company. He also contends that the petitioner company ought to have been allowed to participate as they are willing to participate in the form of Joint Venture in the form of Private Limited Company which is in accordance with the guidelines of the SEBI, rather than to be treated as Association of Persons. He would also content that there is no bar either in the Terms and Conditions of Contract or in the Tender Document for a Joint Venture to participate as Private Limited Company. 5. On the other hand, learned counsel for the respondent would oppose the submissions advanced by the learned counsel for the petitioner. 6. We have heard learned counsel for the parties and perused the documents. 7. Bare perusal of the pleadings particularly the relief clause (10) of the petition and documents appended to the petition, it is 5 evident that the petitioner sought a direction from this Court towards the respondent to consider and decide its representation and to allow him to participate in the NIT floated by the SECL after deciding the representation of the petitioner. Except that the petitioner has not filed any cogent sufficient material to establish his case with regard to its participation in the subject tender process initiated by the SECL. 8. The relief sought for by the petitioner seeking a direction for decision of the pending representation cannot be granted in the case at hand because the petitioner is also seeking a direction at the same time towards the respondent to permit the petitioner to participate in the bid as a joint venture on the basis of NIT issued by the SECL. The petitioner, if wish to participate in a particular bid on the basis of NIT, he has to fulfill the requisite eligibility criteria as prescribed in the NIT itself. In respect of participation in tender process, the Court cannot direct the tender issuing authority to permit a bider without having any prerequisite eligibility criteria. If the petitioner wish to participate in the tender process at joint venture, he cannot seek a direction from this Court towards the respondent to consider the pending representation of the petitioner and allow him to participate in the tender process as a joint venture. 6 9. For the reasons mentioned herein above and considering the entire facts situation of the case, we do not find any good ground to entertain the present petition. 10. In the result, the writ petition is liable to be and is hereby dismissed at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $. Bhilwar/Jyoti