MARKANDEYA KATJU, C. J, J.

( 1 ) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 30. 7. 2004

( 2 ) HEARD learned counsels for the parties and perused the record.

( 3 ) THE facts of the case have been set up in detail in the impugned judgment of the learned Single Judge and hence we are not repeating the same except where necessary.

( 4 ) THE writ Petitioner (respondent herein) is a company registered under the indian Companies Act, 1956. The Appellant (respondent in the writ petition) invited tenders for the infrastructure works for supply and installation of construction water system and operation and maintenance of construction and drinking water system at its Paradip Refinery. Petitioner"s tender was accepted and work order in respect of jobs was issued in favour of the petitioner. A true copy of the letter of acceptance dated 30. 11. 2000 is Annexure P2 to the writ petition.

( 5 ) PURSUANT thereof, two agreements dated 18. 1. 2001 were executed between the parties and a copy of one such agreement relating to the main contract is annexure P3.

( 6 ) IT is alleged in paragraph 4 of the writ petition that the petitioner started work in

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