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2015 Supreme(SC) 1483

RANJAN GOGOI, PINAKI CHANDRA GHOSE
Union of India – Appellant
Versus
Vertex Broadcasting Co. (P) Ltd. – Respondent


Advocates Appeared:
A.K. Panda, Sr. Advocate, Rajeev Sharma, Gaurav Sharma, Sunita Sharma, S.N. Terdal, Shyam Divan, Sr. Advocate, Tejveer Bhatia, Upender Thakur, Gaurav Sharma, Abhinav Mukerji, Ajit Warrier, Nisha, Nimisha Sharma, Vishal Nijhawan, Suresh A. Shroff & Co., Jayant Bhushan, Sr. Advocate, Malnini Sud, Vidhi Goel, Bhunika Manon Kaliya, Umesh Kumar Khaitan, Advocates, Janendra Lal & Co.

ORDER :

The respondents in Civil Appeal Nos.2306, 2307, 2308 and 4530 of 2010 who are also the appellants in connected Civil Appeal Nos.2309, 5193 and 5202 of 2010 had approached the High Court of Delhi by filing the Writ Petitions (out of which the above appeals have arisen) under Article 226 of the Constitution of India seeking interference of the High Court with the action of the Union of India in forfeiting/withholding the reserved license fee, 50 percent of which was deposited by the respondents (referred to herein as "the licensees") as a condition of their bids for obtaining FM Broadcasting license. According to the licensees, there was a unilateral departure by the Union of India from the terms of the tender document which had surfaced when the LOI was issued on 02.08.2000. It is the specific case of the licensees that the said departure became even more apparent from the Draft License Agreement which was forwarded to them by the Union. The contention before the High Court was to the effect that in view of the aforesaid unilateral departure, the Union was in breach of the tender conditions. That apart, it was also contended that in the absence of any specific clause in the t

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