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2020 Supreme(Bom) 1467

UJJAL BHUYAN, ANUJA PRABHUDESSAI
RBK Construction Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mayur Khandeparkar, Nelofer Sayed, Shwetha Rathod and Prashant Mairale
For the Respondents: Anil C. Singh, ASG, Aditya Thakkar, D.P. Singh, Vijay D. Patil, Yogesh Patil and G.U. Shinde, AGP

JUDGMENT :

Anuja Prabhudessai, J.

1. The Petitioner, who was appointed by Respondent No. 11 as a sub-contractor, has filed this petition under Article 226 of the Constitution of India for the following reliefs:

    (a) To issue writ of certiorari to:-

(i) Quash and set-aside the Termination Notice dated 03/02/2020 issued by the Respondent No. 3 in respect of EPC agreement dated 23/09/2015 and to reinstate the EPC agreement dated 23/09/2015 and the entire project to the Respondent No. 11 with resultant reinstatement of the official appointment of the Petitioner as Sub- Contractor of the project.

(ii) quash and set-aside the entire tender process in respect of the balance road work project and to set aside the letter of intent issued by Respondent No. 3 allotting the balance road work project to the Respondent No. 8.

(iii) quash and set-aside the action of encashing of the bank guarantee submitted by the Respondent No. 11 in respect of the said road work project and to direct the Respondent No. 3 to reinstate the said bank guarantee submitted by the Respondent No. 11.

(b) To issue a Writ of Mandamus to direct the Respondent No. 3 to comply/adhere to the decision taken in the Review Meetings by

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