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1988 Supreme(SC) 522

B.C.RAY, K.JAGANNATHA SHETTY
Prestress India Corporation – Appellant
Versus
U. P. State Electricity Board – Respondent


Advocates:
ASHOK SENGUPTA, GOPAL SUBRAMANIUM, S.DIXIT, SUNIL JAIN, Vijay Hansaria

Judgment

RAY, J. :- Special leave granted. Heard arguments of both the sides.

2. The appellant company has come up before this Court against the judgment and order passed by the High Court allowing partial relief, i.e. directing the respondents to place forthwith with the petitioner an order for supply of 25,000 P.C.C. Poles instead of 50,000 P.C.C. Poles for which the tender was submitted, though the High Court held that the respondent Board acted in an arbitrary and discriminatory manner in excluding from consideration the tender of the appellant. Against this judgment and order the opposite party also filed a special leave petition which was dismissed by this Court by an order dated 29th October, 1987 (Annexure I to this appeal). It has been urged on behalf of the opposite parties that if the order of the Central Store Purchase Board is illegal, discriminatory and bad, the High Court can quash the same and issue a writ of mandamus directing the Board to consider the tender of the petitioner but it cannot direct the Board to place orders for supply of P.C.C. Poles according to the tender submitted by the petitioner. It has also been urged that it is for the Board to consider and de






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