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2021 Supreme(SC) 163

R.F.NARIMAN, B.R.GAVAI, HRISHIKESH ROY
Government of Maharashtra (Water Resources Department) Represented By Executive Engineer – Appellant
Versus
Borse Brothers Engineers & Contractors Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Sandeep Sudhakar Deshmukh, Pravir Kumar Jain, Aishwarya Bhati, Ameyavikrama Thanvi, Akshay Amritanshu, Ruchi Kohli, Prashant Singh, Arvind Kumar Sharma, Advocates
For the Respondent:Vinay Navare, Shashibhushan P. Adgaonkar, Vijay Patil, Ravibhushan P Adgaonkar, Gagandeep Sharma, Rana Sandeep Bussa, Amalpushp Shroti, Amit George, Arunabha Ganguli, Guntur Pramod Kumar, Advocates

JUDGMENT :

R.F. NARIMAN, J.

Leave granted. Delay condoned in SLP (C) Diary No. 18079 of 2020.

2. The substantial question of law which arises in these appeals is as to whether the judgment of a Division Bench of this Court in N.V. International v. State of Assam, (2020) 2 SCC 109 ["N.V. International"] lays down the law correctly. This Court followed its earlier judgment in Union of India v. Varindera Constructions Ltd., (2020) 2 SCC 111 ["Varindera Constructions"] and held as follows:

    "3. Having heard the learned counsel for both sides, we may observe that the matter is no longer res integra. In Union of India v. Varindera Constructions Ltd. [Union of India v. Varindera Constructions Ltd., (2020) 2 SCC 111] , this Court, by its judgment and order dated 17-9-2018 [Union of India v. Varindera Constructions Ltd., (2020) 2 SCC 111] held thus: (SCC p. 112, paras 1-5)

    "1. Heard the learned counsel appearing for the parties.

    2. By a judgment dated 19-4-2018 in Union of India v. Varindera Constructions Ltd. [Union of India v. Varindera Constructions Ltd., (2018) 7 SCC 794], this Court has


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