Tata Power has asserted it did not waive its right as a bidder by not participating in the entire process for the R20,000-crore Sasan power project though admitting in the Supreme Court that it could not have matched the successful bid of Reliance Power.
In its rejoinder to the government affidavit in a petition filed by it against the decision to allow the use of coal from captive mines for Sasan for other projects, thefirm said it could not be debarred from challenging the subsequent arbitrary actions of the Centre. “The petitioner having participated in the entire bidding process cannot be said to have waived its right as a bidder by not extending its bid,” it said, adding, decisions subsequent to the tendering process would make the award of contract “meaningless”.