JUDGMENT :

Amreshwar Pratap Sahi, J.

The appellant-Corporation has come up questioning the judgement dated 8th January, 2019 in this intra-court appeal contending that the learned Single Judge overlooking the terms and conditions of the Bank Guarantee for Bid Security as contained in Appendix V to the Request for Proposal has arrived at an incorrect conclusion that the invoking of the Bank Guarantee by the appellant was unjustified. The learned Single Judge on the second issue pertaining to black listing the Company also has erroneously set aside the order impugned contrary to the terms and conditions of the agreement.

2. Shri Lalit Kishore, learned Senior Counsel for the appellant advanced his submissions urging that the Corporation was well within its authority under the documents executed by the respondent-petitioner to invoke the Bank Guarantee as the respondent-petitioner refused to sign the agreement after the Letter of Award was issued in its favour and was also acknowledged by the respondent-petitioner. This clearly amounted to a failure on the part of the respondent-petit