Authority: Calcutta High Court (Court No.25, M/L No.10)

Order Date: 13 July 2026

Case Overview

  • Petitioners: Tribeni Constructions Limited & Anr.; Respondents: Damodar Valley Corporation (DVC) & Ors.
  • Petition challenges DVC’s notice inviting tender (NIT No. 2600002041 dated 29 June 2026) for balance work of an integrated township (RTPS Township Phase‑I, Purulia, West Bengal) covering residential and non‑residential buildings, water supply, sanitation, electrification, firefighting, etc.
  • The work is subject to arbitration before a Sole Arbitrator; petitioners filed a Section 17 application under the Arbitration and Conciliation Act, 1996.
  • Tribunal interim orders:
  • On 18 April 2026, ordered joint measurement from 5 May 2026 to 18 May 2026, to be conducted in presence of authorized representatives of both TCL and DVC.
  • On 20 May 2026, appointed Mr. Debendra Barayan Chowdhury and a DVC‑nominated officer as joint special officers to complete measurement and certification by 30 June 2026 (5 p.m.) and submit a joint report with all documents to the tribunal within seven days of completion.
  • Directed remuneration to be paid to the special officers by TCL and DVC respectively.
  • Stated DVC will not induct anyone in any part of the properties whose measurement is pending, and will allow TCL to collect any materials still at the site.
  • No interim order on payment of bills or other prayers.
  • Petitioners argue that because the special officers have not yet completed the inspection, the tender process, especially the opening of Envelope‑3 (price bid), should be stayed.
  • DVC submits that only the techno‑commercial envelopes (Envelope‑1 and Envelope‑2) will be opened on 14 July 2026; Envelope‑3 will not be opened until the special officers complete the inspection, and the risk‑cost amount in the bid documents is Rs 33,77,25,216.

Final Outcome

  • The Court notes DVC’s submission that Envelope‑3 will remain unopened until the measurement is completed aligns with the Tribunal’s order; therefore, no further order is required.
  • WPA 16239 2026 is disposed of; the writ petition is dismissed.
  • All rights and contentions of the parties are kept open.
  • Parties are directed to act on the server copy of this order downloaded from the official website of the Court.

Topics: Tender Process, Arbitration