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M/s. Maheshwari Mining & Energy Pvt. Ltd. v/s Ministry of New & Renewable Energy & Another


Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- S & T MINING COMPANY PRIVATE LIMITED [Active] CIN = U13100WB2008PTC129436

Company & Directors' Information:- C T MINING PRIVATE LIMITED [Active] CIN = U10100JH2008PTC013329

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- R. K. MINING PRIVATE LIMITED [Active] CIN = U13209TG2008PTC058844

Company & Directors' Information:- R G C MINING PRIVATE LIMITED [Strike Off] CIN = U25209TN1997PTC037514

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- MAHESHWARI MINING PRIVATE LIMITED [Active] CIN = U14294WB1994PTC062325

Company & Directors' Information:- RENEWABLE ENERGY CORPORATION (INDIA) PRIVATE LIMITED [Active] CIN = U40106DL2012FTC239439

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- A B RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2011PTC225392

Company & Directors' Information:- B & G RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2008PTC069723

Company & Directors' Information:- K M MINING PRIVATE LIMITED [Active] CIN = U12000UP2007PTC034052

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- NEW INDIA MINING CORPORATION PVT LTD [Active] CIN = U14101MH1941PTC003266

Company & Directors' Information:- S R RENEWABLE ENERGY LIMITED [Active] CIN = U40109TG1995PLC022145

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- T M MINING COMPANY LIMITED [Under Process of Striking Off] CIN = U13100WB2010PLC156401

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- O & K MINING PRIVATE LIMITED [Strike Off] CIN = U74999DL1994PTC062570

Company & Directors' Information:- J K M MINING PRIVATE LIMITED [Strike Off] CIN = U14200MH2008PTC179244

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- B T MINING PRIVATE LIMITED [Active] CIN = U14101MH2008PTC181458

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- A J MINING INDIA PRIVATE LIMITED [Strike Off] CIN = U10100TG2014PTC094267

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- S R F MINING LIMITED [Strike Off] CIN = U14200WB2011PLC170738

Company & Directors' Information:- MAHESHWARI & CO PRIVATE LIMITED [Active] CIN = U74999WB1950PTC019241

Company & Directors' Information:- B L A RENEWABLE ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101MH2008PTC183023

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- P. C. RENEWABLE ENERGY PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040079

Company & Directors' Information:- P. R. RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U74999WB2010PTC151720

Company & Directors' Information:- V S MINING PRIVATE LIMITED [Strike Off] CIN = U14200DL2011PTC214150

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- G. S RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U74999KA2018PTC118199

Company & Directors' Information:- M A MINING PRIVATE LIMITED [Active] CIN = U10300WB2020PTC238143

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- I G RENEWABLE ENERGY LIMITED [Active] CIN = U40108MH2000PLC127065

Company & Directors' Information:- R N RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U74120MH2011PTC217111

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- A AND L MINING (INDIA) PRIVATE LIMITED [Active] CIN = U13209KL2008PTC023021

Company & Directors' Information:- N P RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2010PTC199277

Company & Directors' Information:- S B R MINING PRIVATE LIMITED [Active] CIN = U14108TZ2001PTC009679

Company & Directors' Information:- O S N MINING COMPANY PRIVATE LIMITED [Strike Off] CIN = U14200MP2012PTC029037

Company & Directors' Information:- M & M MINING PRIVATE LIMITED [Active] CIN = U13209MH2003PTC143345

Company & Directors' Information:- P P MINING PRIVATE LIMITED [Strike Off] CIN = U14200MH2009PTC191612

Company & Directors' Information:- K K MINING COMPANY PRIVATE LIMITED [Under Process of Striking Off] CIN = U14200MH2010PTC204764

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- H S RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U29307PN2014PTC152989

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- J K RENEWABLE ENERGY PRIVATE LIMITED [Active] CIN = U40300JK2011PTC003436

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D J RENEWABLE ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106DL2011PTC227923

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- S U R RENEWABLE ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MP2012PTC029344

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- I 3 RENEWABLE ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300KA2011PTC060468

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

Company & Directors' Information:- R H MINING PRIVATE LIMITED [Strike Off] CIN = U13100TG2008PTC061529

    W.P.(C) No. 6622 of 2016 & CM No. 27145 of 2016

    Decided On, 22 February 2019

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE VIBHU BAKHRU

    For the Petitioner: Rajendra Singhvi, Arundhati Chakraborty, Advocates. For the Respondents: R1, Jasmeet Singh, CGSC, Srivats Kaushal, R2, Bharat Sangal, Babita Kushwaha, Anindita Deka, Advocates.



Judgment Text

1. The petitioner has filed the present petition impugning an Office Memorandum dated 11.02.2016 issued by respondent no.1 (hereafter ‘MNRE’). It is stated in the said Memorandum that there is no financial support available to maintain the wait list under 750 MW VGF Scheme and, therefore, there is no need to operate the same. The said Memorandum also indicates that it has been decided by the Inter-Ministerial Group (IMG) and the Cabinet Committee of the Economic Affairs (CCEA) that the remaining fund for 750 MW Scheme be utilised for setting up implementation of a Scheme to set up over 2000 MW Grid Connected Projects under VGF Scheme of JNNSM, Phase-II, Batch-III.

2. The petitioner was one of the bidders for “750 MW Grid Connected Solar Power Projects under JNNSM Phase-II, Batch-1” and prays that directions be issued to the respondents to allocate 10 MV PV Power Project out of the remain unallocated capacity on account of default of a successful bidder.

Factual Background

3. Solar Energy Corporation of India (referred to as ‘SECI’) is a Government of India Enterprise and is under the administrative control of MNRE (Ministry of New and Renewable Energy). One of its main object is to assist MNRE and function as the implementing and facilitating arm of the Jawaharlal Nehru National Solar Mission (JNNSM) for development, promotion and commercialization of solar energy technologies in India. SECI was designated as the implementing agency for implementation of “750 MW Grid Connected Solar Power Projects under JNNSM Phase-II, Batch-1” (hereafter ‘the 750 MW Scheme’).

4. In order to implement the 750 MW Scheme, SECI had invited Requests for Selection (RFS) and issued the necessary document in this regard. The same are, hereafter, referred to as ‘the RFS’. In terms of the RFS, bids were invited from various bidders to set up Solar Photo Voltaic Power Projects (Solar PV Projects). The Bid information and Instructions to Bidders (included as a part of the RFS) clearly indicate that the total capacity offered for a Solar PV Projects was 750 MW. Under the 750 MW Scheme, Solar Power Developers (SPDs) – successful bidders – would set up a Solar PV Projects on ‘Build Own Operate’ basis. Each bidder was required to bid for a project of a capacity of at least 10 MW and not more than 50 MW.

5. Clause 3.4 of the RFS contains provisions regarding operating of a waiting list. The petitioner has founded its case on the said clause and claims that he is entitled to be allocated part of the default capacity (that is, the capacity freed on account of default of a successful bidder).

6. The 750 MW Scheme was floated on 28.10.2013 and the petitioner submitted its bid on 19.01.2014. Thereafter, on 25.02.2014, SECI published the list of successful bidders.

7. It is stated that one of the successful bidders, who had applied for a project of a capacity of 30 MW, defaulted and the said capacity remained un-allotted. The petitioner was placed at serial number 2 in the waiting list and claims that he is entitled to 10 MW capacity on account of the said default.

8. Since, the petitioner was not being considered for the same, the petitioner filed a writ petition (being W.P.(C) 2527/2015) captioned M/s Maheshwari Mining & Energy Pvt. Ltd. v. The Managing Director, Solar Energy Corporation of India & Anr., inter alia, praying that a direction be issued to the respondents to allocate 10 MW PV Power Project out of the unallocated default capacity and issue a Letter of Intent (LOI) for the same. The said petition was listed alongwith W.P.(C) 888/2015 captioned Welspun Renewable Energy Pvt. Ltd. v. Union of India & Anr. SECI filed a counter affidavit opposing the said petitions, inter alia, stating that the MNRE had issued guidelines for implementation of a Scheme for setting up 2000 MW Grid Connected Solar PV Power Projects under Phase-II, Batch-III and the petitioner did not satisfy the qualifying requirement of the said Scheme. It was further stated that the 750 MW Scheme under Batch-I of Phase-II was completely different from the 2000 MW Scheme under the Phase-II, Batch-III.

9. The said petitions were disposed of by an order dated 15.01.2016, whereby the MNRE was required to take a fresh look on the matter of approval of capacity in terms of Clause 3.4 of the RFS.

10. Thereafter, MNRE issued the Office Memorandum dated 11.02.2016, which is impugned herein.

Reasons and Conclusions

11. Before proceeding further, it would be relevant to refer to Clause 3.4 of the RFS, which is set out below:-

“3.4 Waiting List

After the allocation of aggregate capacity of 750 MW, a waiting list of up to 100 MW shall be maintained by SECI up to the date of “Financial Closure”. SECI shall allocate Projects to the waiting list Bidders after approval of the capacity to be allocated by MNRE. The Bidders who agree to be in the waiting list and who agree for retaining their EMD-BGs by SECI shall only be considered in the waiting list. Bidders who wish to keep their Project(s) in waiting list shall give a declaration in the covering letter as per Format 6.1. In the absence of such a declaration, it shall be construed that such Bidders are not willing to get included in the waiting list and therefore, they shall not be considered for the same. Further, if the Bidders wishing to be in the waiting list (based on their declaration submitted in the response to RfS), opt out after the selection process of 750 MW capacity is over, then SECI shall forfeit the EMDs of such Bidders.”

12. There is no dispute that in terms of the RFS, SECI was required to maintain a waiting list of bidders desirous of availing of default capacity (capacity released on account of default of successful bidders). Admittedly, the petitioner had opted to be a part of the wait list. It appears that, thereafter, there had been a reconsideration in this regard and the respondents had decided to abandon the wait list. One of the reasons, as indicated in the counter affidavit, is that the tariff under the subsequent Scheme has reduced considerably. It is affirmed that the same had come down from Rs. 5.45 per kWh to Rs. 4.43 per kWh and is likely to reduce further. In view of the above, the support from the Government of India is also reduced from Rs. 2.5 crore per MW to Rs. 1 crore per MW.

13. It is apparent from the averments made in the counter affidavit that there is sufficient reason for the MNRE to have taken the decision to not proceed with the wait list. The said decision is neither arbitrary nor unreasonable and, therefore, no interference with the same is warranted.

14. This Court is also of the view that the petitioner has no vested right in insisting that the wait list be operated, c

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onsidering that the RFS expressly provides that SECI reserves its right to reject all bids and cancel the RFS without assigning any reason. Clause 3.23 of the RFS is relevant and is set out below:- “3.23 Right of SECI to reject a Bid- SECI reserves the right to reject any or all of the responses to RfS or cancel the RfS without assigning any reasons whatsoever and without any liability.” 15. It is also relevant to note that SECI had also reserved the right to modify, amend or supplement the RFS document as indicated in Clause 2 of the Disclaimer set out in the opening pages of the RFS. 16. In view of the above, the present petition is unmerited and is, accordingly, dismissed. The pending application is disposed of.
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