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2023 Supreme(Kar) 270

M. NAGAPRASANNA
PG Setty Construction Technology Pvt. Ltd. – Appellant
Versus
Managing Director Karnataka State Police Housing and Infrastructure Development Corporation – Respondent


Advocates Appeared:
For the Petitioner:Sri Jayakumar S. Patil, Senior Advocate a/w., Sri V.V. Gunjal.
For the Respondents:Sri G. Papi Reddy, Sr. Advocate a/w Sri Prakash G. Pawar.

ORDER :

The petitioner/P.G. Setty Construction Technology Private Limited (hereinafter referred to as ‘the Company’ for short) is knocking at the doors of this Court seeking stalling of the act of the 1st respondent/Karnataka State Police Housing and Infrastructure Development Corporation (‘the Corporation’ for short) in encashing the Bank Guarantee of Rs.1,15,13,500/- and has sought for a mandamus directing the respondents to restore/refund the bank guarantee that is encashed along with interest at 18% per annum.

2. Heard Sri Jayakumar S. Patil, learned senior counsel appearing for the petitioner and Sri G. Papi Reddy, learned senior counsel appearing for respondents 1 and 2.

3. Facts in brief, germane for consideration of the lis, are as follows:

The petitioner is a Private Limited Company incorporated under the provisions of the Companies Act, 1956 on 10-08-1999. It is the case of the petitioner that it has abundant experience in the construction of all projects in lumpsum on turnkey basis. Likewise, the Board of the Corporation awards a contract in favour of the petitioner for the purpose of construction of 144 Police Quarters in Mandya and Chamarajnagar Districts under a particula

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