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2024 Supreme(Cal) 240

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Central Public Works Department – Appellant
Versus
SRMB Srijan Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Atarup Banerjee, Ms. Sarda Sha, Mr. Rajdeep Pramanick, Ms. Anuska Bose
For the Respondent: Mr. Sakya Sen, Mr. Arnab Das, Mr. A. Chowdhury, Mr. Subhajit Nath

JUDGMENT :

1. There is a delay of 284 days in filing these appeals. We have perused the averments made in the respective applications for condonation of delay. After being satisfied with the averments made in the applications for condonation for delay, we condone the delay in filing the appeal. CAN 1 of 2024 filed in connection with MAT 300 of 2024 and CAN 2 of 2024 filed in connection with MAT 310 of 2024 are, accordingly, allowed.

2. These appeals have been filed by the Central Public Works Department as well as Union of India, both being aggrieved by the order passed in WPA No.9990 of 2020 with WPA 24267 of 2019 respectively filed by the first respondent herein. The learned Single Bench has allowed the writ petitions and held that the modified Clause 27.2 of the CPWD Works Manual of 2014 reincorporated in the CPWD Works Manual of 2019 is being inconsistent with the policy framed by the Government of India, Ministry of Steel is liable to be struck over.

3. We have elaborately heard the learned advocates for the parties.

4. In paragraph 51 of the impugned order the learned Single Bench has rightly noted the legal position that the purchaser has a discretion in selecting the quality of

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