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A. V. SESHA SAI
TUV SUD South Asia Private Ltd. , represented by its authorized Signatory Sri Narayan Krishnan – Appellant
Versus
Union of India, Ministry of Steel – Respondent
| Table of Content |
|---|
| 1. debarring from future tenders is contested. (Para 1 , 2) |
| 2. parties presented their arguments. (Para 5 , 6) |
| 3. court's analysis of obligations under tender. (Para 8 , 14 , 15 , 16 , 17) |
| 4. assessment of blacklisting and contractual principles. (Para 18 , 19) |
| 5. writ petition dismissed. (Para 20) |
ORDER :
(A.V. Sesha Sai, J.)
This Writ Petition filed under Article 226 of the Constitution of India calls in question the E-mail letter bearing Ref: VSP/WK/WC/19 dated 25.07.2019 of the 2nd respondent herein, Rashtriya Ispat Nigam Limited, to the extent of debarring the petitioner from participation in the future tenders for a period of two years with effect from 25.07.2019.
2. The 2nd respondent issued a tender notification bearing NIT No.2600002555 dated 28.06.2018, inviting tenders for conducting RLA Study in CDCP Boilers. The petitioner herein responded to the same and emerged as the successful tenderer. The 2nd respondent-organization, alleging violation of the tender conditions, issued a show cause notice bearing Ref: VSP/WK/WC/19 dated 25.07.2019, calling upon the petitioner herein to show cause as to why action should not be taken as per clauses of SCC as per paragraph
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