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2010 Supreme(Del) 847

VIKRAMAJIT SEN, G.P.MITTAL
Walchandnagar Industries Ltd. – Appellant
Versus
Saraswati Industrial Syndicate Ltd. – Respondent


Advocates Appeared:
Mr. Sunil Gupta, Sr. Adv. with Mr. Jatin Zaveri, Mr. Gaurav Aggarwal & Mr. Tanmaya Aggarwal, Advs.
Mr. P.V. Kapur, Sr. Adv. with Ms. Ekta Kapil & Mr. Gaurav Chauhan, Advs. for respondent No.1
Mr. Arun Bhardwaj, Sr. Adv. with Mr. Manish Sharma, Mr. Amit Bhardwaj & Mr. Vishal Malhotra, Advs. for Respondent No.2
Mr. Ramji Srinivasan, Sr. Adv. with Mr. Jatin Zaveri, Mr. Gaurav Aggarwal & Mr. Zeyaul Haque, Advs.
Mr. A.S. Chandhiok, Sr. Adv., Mr. Chetan Sharma, Sr. Adv. with Mr. Pragyan Sharma & Mr. Rupesh Gupta, Advs. for Respondent No.1
Mr. Arun Bhardwaj, Sr. Adv. with Mr. Manish Sharma, Mr. Amit Bhardwaj & Mr. Vishal Malhotra, Advs. for Respondent No.2
India Pvt. Ltd Mr. Arun Bhardwaj, Sr. Adv. with Mr. Manish Sharma, Mr. Amit Bhardwaj & Mr. Vishal Malhotra, Advs.
Mr. A.S. Chandhiok, Sr. Adv., Mr. Chetan Sharma, Sr. Adv. with Mr. Pragyan Sharma & Mr. Rupesh Gupta, Advs. for Respondent No.1
Mr. Ramji Srinivasan, Sr. Adv. with Mr. Jatin Zaveri, Mr. Gaurav Aggarwal & Mr. Tanmay Aggarwal, Advs. for Respondent No.3
India Pvt. Ltd. Mr. Arun Bhardwaj, Sr. Adv. with Mr. Manish Sharma, Mr. Amit Bhardwaj & Mr. Vishal Malhotra, Advs.
Mr. P.V. Kapur, Sr. Adv. with Ms. Ekta Kapil, Mr. Gaurav Chauhan & Mr. Sudhanshu Goyal, Advs. for Respondent No.1
Mr. Sunil Gupta, Sr. Adv. with Mr. Jatin Zaveri, Mr. Gaurav Aggarwal & Mr. Tanmaya Aggarwal, Advs. for Respondent No.3

JUDGMENT

VIKRAMAJIT SEN, J.

1. The facts germane for a decision in these Appeals are that in respect of a Sugar Mill Project to be established in Ethiopia, funding has been made available by the Government of India through the aegis of EXIM Bank. The Project has been sub divided into seven sub-projects for which separate and independent tenders were floated. These are – (1) Steam Generation (2) Process House (3) Juice Extraction (4) Power Generation (5) Diesel Generation (6) Factory Workshop and (7) Plant Water System. It was further decided that for ease and facility of implementation of the Project, instead of dealing separately with all the successful Tenderers, the Tenderer who had been awarded the largest number of projects, would act as the lead party; a single Engineering, Procurement and Construction (EPC) contract would be entered into with this party. Saraswati Industrial Syndicate Ltd. was the Successful Tenderer in respect of Steam Generation; Uttam Sucrotech International Pvt. Ltd. in respect of Process House; and since in respect of Juice Extraction and Power Generation the successful Tenderer was OIA, it was agreed that Overseas Infrastructure Alliance India Pvt. Ltd.






































































































































































































































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