State-run NTPC will soon approach the Supreme Court to challenge a Delhi High Court order that prevents it from disqualifying Ansaldo Caldaie India from bidding for a 11,000-crore equipment supply contract. A senior power ministry official said the power utility would file an appeal in the apex court in the next 10 days.
The move will further delay the awarding of NTPC's contracts for supply of super-critical boilers for five power projects of 7,260-MW capacity. "We had sought recommendations of the Solicitor General. Now that we have received their comments, we would soon be approaching the Supreme Court," NTPC chairman and managing director Arup Roy Choudhury told reporters on Thursday.
" The case has to be looked at in totality. We cannot support something that is not legal," Choudhury said.
On Tuesday, the Delhi High Court had ruled against NTPC's decision to disqualify Ansaldo Caldaie India, a subsidiary of Gammon India , from the boiler bulk tender.The bidding process for bulk contract seeking supply of 11 sets of 660-MW boilers is on hold. Bharat Heavy Electricals Ltd , Larsen & Toubro and BGR Energy had qualified in the first phase of bidding.
NTPC had said Ansaldo did not have competence in supplying evaporator (water wall) - a critical component in boilers. Ansaldo challenged this saying supplying self-designed evaporators was not mentioned as qualifying criteria in the notice inviting tender. NTPC had to scrap the original bulk tenders for boilers issued in October 2009 and call new bids in June 2010, as BHEL was the only bidder left in race after L&T's disqualification. Anslado was not eligible for participating in the tenders in October 2009 and had sought extension of the bid deadline then.