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2023 Supreme(Kar) 338

PRASANNA B. VARALE, M. G. S. KAMAL
Macawber Beekay Pvt Ltd. – Appellant
Versus
Bharat Heavy Electricals Ltd. – Respondent


Advocates Appeared:
For the Appellant :Sri. Dama Sheshadri Naidu, Sr. Advocate a/w Mr. Sandeep Grover, Mr. Aditya Nayyar, Mr. Tarang Agarwal, Mr. Abhishek Arora & Mr. Parashuram A.L.
For the Respondents:Sri. Srinivasan Raghavan V., Sr. Advocate a/w Mr. P. Chinnappa & Abhinay V., Sri. M. Dhyan Chinnappa Sr. Advocate a/w Mr. Thakur Rishabha Raj, Mr. Subhankar Chakraborty & Saptarishi Bhattacharjee, Sri. D.L.N. Rao, Sr. Advocate for Sri. L. Srinivas, Mr. Aniketh B.S., Advocate for Mr. George Joseph, Sri. S. Shiva Kumar CGC.

JUDGMENT :

This writ appeal is directed against the order dated 02.11.2022 passed in W.P.No.20333/2022 (GM-TEN) by which the writ petition filed by the appellant questioning award of tender by the respondent No.2 in favour of the respondent No.3 for supply of Ash Handling Package forming part of installation of a Thermal Power Station in the State of Telegana by respondent No.5 has been dismissed.

2. Brief facts of the case of the appellant are as under:

2.1 That the appellant is a company specialized in providing Turnkey solutions with respect to Ash Handling Plant to various industries such as power, cement, alumina, steel including thermal power station with solution to reduce environmental pollution with conservation of energy.

2.2 That respondent No.5-Telangana State Power Generation Company Ltd., with an object of setting up of a Thermal Power Station of 4,000 MW capacity (5 units of MW each) at Yadadri, Nalagunda District, Telegana awarded a contract in the year 2017 to the respondent No.1 company for design, engineering, supply, erection and commissioning. A portion of whic

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