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2009 Supreme(Del) 705

MANMOHAN SINGH
Man Industries (India) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. Dushyant Dave, Sr. Adv. with Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Rakesh Kumar Garg and Mr. Rahul Khurana, Advs.
Mr. S.K. Dubey, Adv. with Mr. Vanshdeep Dalmia, Adv. for Respondent No.1 Mr. Prag P. Tripathi, Sr.Adv. & ASG with Mr. S.S. Ray and Ms. Rakhi Ray, Advs. for Respondent No.2

MANMOHAN SINGH, J.

1. The present petition under Article 226 of the Constitution of India raises the questions relating to validity of tender process floated by Public Sector undertakings and calls upon this court to examine the process followed by the Respondents and to adjudicate upon the same while exercising powers of Judicial review available under the constitution and thereby seeking interference of this court by way of

appropriate writ.

2. The writ petition is filed for issuance of writ of mandamus and certiorari or any other appropriate direction seeking the production of the records of tender for Dahej ± Vijaipur Pipeline Upgradation project and declaring the action of the respondents in inviting the fresh financial bids vide letter dated 8.6.2009, as illegal, arbitrary and violative of Article 14 of the Constitution of India, and to quash the letter bearing No. GAIL/ND/C&P/PRJ/DVPL-II/08-41/01, dated 08.06.2009, and consequently to direct the respondents to process the case of petitioner for award of contract and to pass such other suitable orders.

FACTUAL MATRIX:

3. Brief factual matrix of the matter can be enunciated and summarised as under :

4. The Petitioner is the c























































































































































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