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2005 Supreme(SC) 1378

R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
Subhash Projects & Marketing LTD. – Appellant
Versus
W. B. Power Development Corporation LTD. – Respondent


Judgment

P.K. Balasubramanyan, J.—These appeals arise from Writ Petition No. 886 of 1997 filed by M/s. Larson & Toubro (‘L & T’ for short), in the High Court of Calcutta. Respondent No. 11 in the Writ Petition M/s Subhash Projects and Marketing Limited (‘Subhash Projects’ for short) was the contesting respondent. By judgment dated 3.10.1997, a learned single Judge of the High Court dismissed the Writ Petition. The Writ Petitioner thereupon filed appeal No. 559 of 1997 before the Division Bench. By judgment dated 14.7.1998, the Division Bench came to the conclusion that the appeal was liable to be allowed and the Writ Petitioner granted relief. Still, it did not grant the full relief to the Writ Petitioner, the appellant before it, but directed the contesting respondent, Subhash Projects, to pay a compensation of Rs. 1 crore to the Writ Petitioner. This was on the finding that the contract based on the tender floated by respondent No.1, the West Bengal Power Development Corporation Limited (hereinafter referred to as ‘the Power Corporation’) ought to have been awarded to the writ petitioner-L & T and the award of the same to respondent No.11 Subhash Projects was illegal, but it was i















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